[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-25]
[Page 473-529]
[[Page 473]]
GERMANENESS OF AMENDMENTS
A. Generally
Sec. 1. Introduction
Sec. 2. Germaneness Defined; Factors To Be Considered
Sec. 3. Proposition to Which Amendment Must Be Germane
Sec. 4. Tests of Germaneness
Sec. 5. -- Subject Under Consideration as Test
Sec. 6. -- Committee Jurisdiction as Test
Sec. 7. -- Fundamental Purpose as Test
Sec. 8. -- Accomplishing Result of Bill by Different Method
Sec. 9. -- Individual Proposition or Class Not Germane to Another
Sec. 10. -- General Amendments to Specific or Limited Propositions
Sec. 11. -- Specific Amendments to General Propositions
Sec. 12. -- Adding to Two or More Propositions
Sec. 13. Appropriation Bills
B. Application of Rule to Particular Forms of Amendment
Sec. 14. In General
Sec. 15. Amendments to Particular Portion of Bill
Sec. 16. Adding New Section or Title
Sec. 17. Striking Out Text
Sec. 18. Substitute Amendments
Sec. 19. Committee Amendments
Sec. 20. Recommittals; Instructions to Committees
C. Amendments Imposing Qualifications or Limitations
Sec. 21. In General; Exceptions or Exemptions
Sec. 22. Conditions or Qualifications
Sec. 23. Restrictions or Limitations
Sec. 24. -- Limitations on Discretionary Powers
Sec. 25. -- Restrictions on Use of Funds
Sec. 26. Postponing Effectiveness Pending Contingency
D. Relation to Existing Law
Sec. 27. Amendments to Bills Amending Existing Law
[[Page 474]]
Sec. 28. Amendments to Bills Repealing Existing Law
Sec. 29. Amendments to Bills Incorporating Other Laws
Sec. 30. Amendments to Bills Continuing or Extending Existing Laws
Sec. 31. Amendments Changing Law to Bills Not Changing That Law
E. House-Senate Relations
Sec. 32. Senate Germaneness Rules
Sec. 33. Motions to Instruct Conferees
Sec. 34. Senate Provisions in Conference Reports and in Amendments in
Disagreement
Sec. 35. Amendments to Senate Amendments
F. Procedural Matters; Points of Order
Sec. 36. In General
Sec. 37. Waiver of Points of Order
Sec. 38. Timeliness of Points of Order
Sec. 39. Debate on Points of Order
Sec. 40. Anticipatory and Hypothetical Rulings
Research References
5 Hinds Secs. 5801-5924
8 Cannon Secs. 2908-3064
10, 11 Deschler-Brown Ch 28
Manual Secs. 467, 794-800
A. Generally
Sec. 1 . Introduction
Evolution of Rule
It is a fundamental rule of the House that a germane relationship
must exist between an amendment and the matter sought to be amended.
No such rule existed under the practice of the early common law nor
under rules of Parliament. A legislative assembly could by an
amendment change the entire character of any bill or other pending
proposition. It might entirely displace the original subject under
consideration, and in its stead adopt one wholly foreign to it, both
in form and in substance. 5 Hinds Sec. 5825.
The House adopted its first germaneness rule in 1789, amended it
in 1822, and has adopted the rule in every Congress since that date.
Today the rule states that no motion or proposition on a ``subject
different from
[[Page 475]]
that under consideration shall be admitted under color of amendment.''
Rule XVI clause 7. Manual Sec. 794. Most state legislatures also have
germaneness requirements. The purpose of the rule is to maintain an
orderly legislative process, and to prevent hasty and ill-considered
legislation. It prevents the presentation to the House of propositions
that might not reasonably be anticipated, and for which it might not
be properly prepared. 8 Cannon Sec. 2993.
It should be noted at the outset that the germaneness rule,
however important it may be to the legislative process, is not self-
enforcing. It is deemed waived if no Member raises a point of order
against it; and the rule is frequently waived through the adoption by
the House of a special rule from the Committee on Rules. Sec. 37,
infra.
Application of Rule as Limited to Amendments
The germaneness rule applies to amendments to a bill and not to
the relationship between the various propositions set forth within the
bill itself. 5 Hinds Sec. 6929. Deschler-Brown Ch 28 Sec. 1. While a
committee may report a bill embracing different subjects, it is not in
order during consideration of a bill to introduce a new subject by way
of amendment. 5 Hinds Sec. 5825. A point of order will not lie that an
appropriation in a general appropriation bill is not germane to the
rest of the bill. 88-1, Dec. 16, 1963, p 24753.
Application Prior to Adoption of Rules
The germaneness requirement has been held applicable in the House
even prior to the adoption of the rules under a theory of general
parliamentary law based upon precedent. An amendment offered prior to
the adoption of the rules may be subject to a point of order if it is
not germane to the proposition to which offered. 91-1, Jan. 3, 1969, p
23.
Sec. 2 . Germaneness Defined; Factors To Be Considered
In General
When it is objected that a proposed amendment is not in order
because it is not germane, the meaning of the objection is simply that
the amendment is on a ``subject different'' from that under
consideration. This is the test of admissibility prescribed by the
express language of Rule XVI clause 7.
For an amendment to be germane it must be one that would
appropriately be considered in connection with the bill. 8 Cannon
Sec. 2993. The concept implies more than the mere ``relevance'' of one
subject to another. It is frequently stated that the fact that two
subjects are related does not necessarily render them germane to each
other. 8 Cannon Secs. 2970, 2971, 2995; 82-1, May 24, 1951, p 5832.
The germaneness of an amendment may
[[Page 476]]
depend, for example, on the relative scope of the amendment as
compared with that of the proposition sought to be amended. A
proposition of narrow or limited scope may not be amended by a
proposition of a more general nature, though both propositions are
related to each other. Sec. 10, infra. To a bill authorizing emergency
loans to livestock producers, an amendment changing the word
``livestock'' to ``agricultural'' was held to broaden the class of
producers covered by the bill and, therefore, not germane. Deschler-
Brown Ch 28 Sec. 9.27.
Factors Considered in Determining Germaneness
In evaluating an amendment to determine its germaneness, the Chair
considers the relationship of the amendment to the pending text, as
perfected (90-2, July 23, 1968, p 22789), and not the relationship
between the amendment and an existing statute which the pending bill
seeks to amend (90-1, Oct. 11, 1967, p 28649) unless the existing
statute is so comprehensively amended by the pending bill as to call
into question all its provisions (8 Cannon Sec. 2942). The Chair
considers the relationship of the amendment to the text to which it is
offered and does not rely on language in accompanying reports not
contained in the pending text. 95-2, Oct. 6, 1978, p 34111.
The stage of the reading in the House or Committee of the Whole
must also be considered when passing on the germaneness of a
particular amendment. An amendment that might be considered germane if
offered at the end of the reading of the bill for amendment may not be
germane if offered during the reading, before all the provisions of
the bill are open to consideration. 91-1, Oct. 3, 1969, p 28442. See
also Sec. 3, infra.
The germaneness of an amendment is not to be judged by the
apparent motives of the Member offering it. 98-2, May 30, 1984, pp
14493-96. In ruling on germaneness, the Chair does not construe the
legal effect of the bill, law, or amendment in question, but only
rules on whether the amendment addresses a ``subject different'' from
that under cnsideration. 98-2, June 26, 1984, pp 18842, 18846, 18847.
The title or heading of a bill may be considered but is not
controlling in determining the question of germaneness of amendments
offered to propositions in the bill. 92-1, Nov. 4, 1971, pp 39323-29.
The scope of a measure is determined by its provisions and not by the
phraseology of its formal title. 94-1, Sept. 18, 1975, p 29334. Thus,
the heading of a portion of a bill as ``Miscellaneous'' will not alone
permit amendments to that portion that are not germane to its actual
content; but the provisions under such a heading may be sufficiently
diverse to permit an amendment to be tested by its germaneness to the
bill as a whole. 96-1, Apr. 10, 1979, pp 8032, 8034-37.
[[Page 477]]
Sec. 3 . Proposition to Which Amendment Must Be Germane
Generally
The germaneness of an amendment is tested by its relationship to
the particular portion of the bill to which offered. 90-1, Oct. 11,
1967, p 28649; 92-1, Oct. 14, 1971, pp 36194, 36211. Deschler-Brown Ch
28 Sec. 2. The amendment should be germane to the particular paragraph
or section to which it is offered (5 Hinds Secs. 5811-5820; 8 Cannon
Sec. 2922; 92-1, Oct. 14, 1971, pp 36194, 36211; 99-2, Sept. 19, 1986,
p 24730; Manual Sec. 795) and not anticipate the subject matter of
other titles not yet read. 101-2, July 31, 1990, p ____. Likewise, the
test of germaneness of an amendment offered to a bill being read for
amendment by titles is its relationship to the pending title as
perfected (96-1, Apr. 9, 1979, pp 7750, 7752, 7755-57) and not to the
particular section addressed by an amendment (102-1, June 25, 1991, p
____). But where an amendment in the form of a new title is offered
after the reading of several diverse titles on a general subject, it
is sufficient that the amendment be germane to those titles or to the
bill as a whole. 92-1, Nov. 4, 1971, p 39267; 99-2, Sept. 19, 1986, pp
24731-69. Similarly, an amendment in the form of a new section need
not necessarily be germane to the preceding section of the bill, it
being sufficient that the amendment relate to the provisions of the
bill read to that point. By the same reasoning, an amendment in the
form of a new paragraph need not necessarily be germane to the
paragraph immediately preceding or following it. 8 Cannon Secs. 2932-
2935. See also 93-2, July 2, 1974, p 22029; Manual Sec. 795.
Amendments to Pending Amendments
The test of germaneness of an amendment to a pending amendment is
its relationship to the pending amendment and not to the bill to which
that pending amendment has been offered. 94-1, July 22, 1975, p 23990;
94-1, Oct. 2, 1975, p 31487. It follows that the test of germaneness
of a substitute for a pending amendment is the relationship between
the substitute and the amendment, and not between the substitute and
the pending bill. 92-1, Nov. 4, 1971, p 39302. Similarly, the test of
germaneness of an amendment to an amendment in the nature of a
substitute is the relationship between those two propositions, and not
between the amendment and the pending bill. 93-1, July 19, 1973, pp
24962, 24963; 96-2, Nov. 13, 1980, pp 29523-28.
[[Page 478]]
Consideration of Entire Bill
An amendment may be germane to more than one portion of a bill.
93-2, Mar. 27, 1974, pp 8508, 8509; 96-2, May 21, 1980, pp 11972,
11973. Indeed, it may be necessary to evaluate the entire text when
passing on the germaneness of a particular amendment. On the other
hand, an amendment might be considered germane at the end of the
reading of the bill for amendment even though it would not have been
germane if offered during the reading, before all the provisions of
the bill were open to consideration. 91-1, Oct. 3, 1969, p 28442.
Where a bill is, by unanimous consent, considered as read and open to
amendment at any point, the test of germaneness of an amendment
thereto is its relationship to the entire bill and not just the
particular section to which offered. 94-1, Sept. 29, 1975, pp 30761-
68; 99-2, Jan. 30, 1986, pp 1045, 1049, 1050-52; Manual Sec. 795.
Effect of Prior Amendments
In passing on the germaneness of an amendment, the Chair considers
the relationship of the amendment to the bill as modified by prior
amendment (90-1, June 8, 1967, p 15159; 93-2, Oct. 8, 1974, pp 34415,
34416; 94-1, Apr. 23, 1975, p 11550), and is not bound solely by the
provisions of the original text. Thus, a perfecting amendment may be
ruled out as not germane where it pertains to text that has been
stricken from the bill. 87-2, July 12, 1962, p 13431.
Effect of Pendency of Motion to Strike
Perfecting amendments to a title in a bill may be offered while
there is pending a motion to strike out the title, and are required to
be germane to the text to which offered, not to the motion to strike
out. 91-1, Oct. 3, 1969, p 28454.
Sec. 4 . Tests of Germaneness
Generally; Exclusiveness of Tests
Various tests may be invoked to determine the germaneness of an
amendment. These tests are not mutually exclusive. Manual Sec. 798d.
It is essential to note that the Chair, in determining a question of
germaneness, must first understand the nature and scope of the pending
portion of the proposition being amended, and then the relationship of
the offered amendment to that pending text. The Chair follows the most
appropriate line of precedent in rendering a ruling. One can avoid the
misperception that an equally compelling and valid germaneness test
can be applied and precedent
[[Page 479]]
cited to support either side of a germaneness point of order by
examining in full the pending bill and amending text.
An amendment may satisfy one of the tests and yet be ruled out
because of its failure to satisfy another. An amendment may thus be
subject to a germaneness point of order even though it is in fact
related to the pending proposition. This principle is illustrated in
the precedents set out below:
Held Not Germane
Text Amendment
To exclude a Member-elect... To expel the Member-elect (5 Hinds Sec. 5924)
Proposing the expulsion of a Member... Proposing censure (6 Cannon Sec. 236)
Relating to interstate commerce... Relating to foreign commerce (8 Cannon Sec. 2918)
Proposing a committee investigation... Requesting a committee report (5 Hinds Sec. 5887)
Assigning clerks to committees... Assigning clerks to Members (5 Hinds Sec. 5901)
Providing for the erection of a building for a mint... Changing coinage laws (5 Hinds Sec. 5884)
Raising price of agricultural products by creation of Raising price through cooperative marketing (8 Cannon
corporation... Sec. 2912)
Increasing food supplies by educational and Increasing food supplies through sale of fertilizer (8
demonstrational methods... Cannon Sec. 2980)
Sec. 5 . -- Subject Under Consideration as Test
The House germaneness rule precludes amendments ``on a subject
different from that under consideration.'' Rule XVI clause 7. Manual
Sec. 794. This test of germaneness implies more than mere
``relevance.'' (Sec. 2, supra.) The test is whether or not a new
subject is introduced by the amendment. 82-1, May 24, 1951, p 5832. An
amendment relating to a subject to which there is no reference in the
pending text may be subject to a point of order that it is not germane
to the bill. 77-1, Feb. 10, 1941, p 875. Amendments that have been
ruled on under this test are shown in the table below.
[[Page 480]]
Held Germane
Text Amendment
Providing for a canal by one route... Changing route (5 Hinds Sec. 5909)
Creating a board of inquiry... Specifying time of report (5 Hinds Sec. 5915)
Creating two boards with separate duties... Creating one board with authorization to discharge the
duties of both boards (8 Cannon Sec. 3064)
Rescinding an order for adjournment... Fixing new date for adjournment (5 Hinds Sec. 5920)
To regulate immigration... Providing educational test for immigrants (5 Hinds Sec.
5873)
Controlling public places in District of Columbia... Removing fence of Botanic Garden (5 Hinds Sec. 5914)
Appropriation for acquiring information pertaining to Appropriation for investigation incident thereto (8
agricultural products... Cannon Sec. 3060)
To authorize the construction of naval vessels... Providing that the vessels be constructed in government
plants (8 Cannon Sec. 3063)
Relating to the interrelation of House committees and Dealing with the content of reports from the Committee
imposing requirements for filing and content of on Appropriations and with the jurisdictional
committee reports... responsibilities of that committee and legislative
committees (93-2, Oct. 8, 1974, pp 34416, 34417)
A provision for ameloriation of procedures relating to A provision for a moratorium on foreclosures of
mortgage foreclosure under the National Housing Act... mortgages in economically depressed areas (86-1, May
20, 1959, pp 8636-42)
Relating to certain sections of the Clean Air Act with Relating to another section of that Act suspending for
respect to the impact of shortages of energy resources a temporary period the authority of the EPA
on standards imposed under that Act... Administrator to control automobile emissions (93-1,
Dec. 14, 1973, pp 41688, 41689)
[[Page 481]]
Prescribing the functions of a new Federal Energy Directing the Administrator to issue preliminary summer
Administration and conferring wide discretionary guidelines for citizen fuel use (93-2, Mar. 6, 1974,
powers on the Administrator... pp 5436, 5437)
Requiring a general study of factors affecting domestic Requiring the study of a particular factor--currency
production of automobiles... exchange rates--affecting that production (98-1, Nov.
3, 1983, pp 30782, 30783)
Held Not Germane
Text Amendment
Proposing admission of religious refugees... Proposing admission of political refugees (8 Cannon
Sec. 3047)
Limiting immigration of aliens... Disseminating information to attract better class of
immigrants (8 Cannon Sec. 3048)
Prohibiting mailing of revolvers... Prohibiting mailing of publications advertising
revolvers (8 Cannon Sec. 3052)
Authorizing arbitration of claims against government... Appropriating funds to pay claims so arbitrated (8
Cannon Sec. 3057)
Eliminating wage discrimination based on the sex of the Applying the provisions of the bill to discrimination
employee... based on race (87-2, July 25, 1962, p 14778)
Authorizing the use of American civilians to operate an Requiring that the U.S. contribution to the UN peace-
early-warning system in the Sinai... keeping forces in the Middle East be proportionately
reduced (94-1, Oct. 8, 1975, pp 32430, 32431)
Establishing a cotton research program and promoting Providing for research with respect to training and
the marketing of cotton... utilization of displaced farm labor in the cotton
industry (89-2, Mar. 3, 1966, p 4838)
[[Page 482]]
Extending the phased subsidization of certain Establishing a new class of mail and postal rate
categories of nonprofit mail... therefor (93-2, June 19, 1974, p 19817)
Reducing tax liabilities of individuals and businesses Providing rebates to recipients under retirement and
by providing diverse tax credits within the Internal survivor benefit programs (94-1, Mar. 26, 1975, p
Revenue Code... 8931)
Governing the political activities of federal employees Prohibiting any employment or compensation from
and containing certain restrictions on federal whatever source for candidates for office (95-1, June
employment relative to such activities... 7, 1977, pp 17711, 17712)
Relating to the issue of access to committee hearings Relating to committee staffing (93-1, Mar. 7, 1973, p
and meetings... 6714)
Addressing the administrative structure of a new Prohibiting the department from withholding funds to
department... carry out certain objectives (96-1, June 12, 1979, pp
14485, 14486)
Proposals Relating to Investigations
To a proposal authorizing a program to be undertaken, an amendment
providing for a study to determine the feasibility of undertaking such
a program may be germane. 99-1, June 26, 1985, p 17460. (This ruling
in effect overturned 8 Cannon Sec. 2989.) On the other hand, an
amendment requiring certain action is not germane to a proposal that
would merely require an investigation. Accordingly, to a proposition
establishing a commission to study a matter, an amendment directing an
official to undertake and accomplish that matter is not germane. 93-2,
Oct. 8, 1974, p 34458. But if an amendment to a proposal to study a
matter merely requires the submission of proposed legislation to
implement the study, it may be germane. 93-1, Dec. 14, 1973, pp 41747,
41748.
Sec. 6 . -- Committee Jurisdiction as Test
Generally
Committee jurisdiction over the subject of an amendment is a
relevant test to be applied in determining the germaneness of that
amendment. 94-2, June 1, 1976, p 16025; Manual Sec. 798c; Deschler-
Brown Ch 28 Sec. 4. Thus,
[[Page 483]]
to a bill providing agricultural price supports to stimulate domestic
orange production, an amendment restricting imports of oranges (within
the jurisdiction of the Committee on Ways and Means) would not be
germane. Similarly, an amendment changing the statement of policy
contained in a bill is not in order if its effect is to fundamentally
change the purpose of the bill and to emphasize a subject within the
jurisdiction of another committee. 92-2, May 22, 1972, p 18207.
Likewise, an amendment conferring authority on an executive official
not mentioned in the pending proposition is not germane where the
subject of that authority is not within the jurisdiction represented
in the pending proposition. 93-1, Dec. 14, 1973, pp 41736 et seq.
The Chairman of the Committee of the Whole may determine the
germaneness of an amendment based upon the discernible committee
jurisdictions as to subject matter without infringing upon the
Speaker's prerogatives under Rule X to determine committee
jurisdiction over introduced legislation. 97-1, Oct. 14, 1981, pp
23898, 23899. The fact that the amendment is contained in a motion to
recommit the bill with instructions does not dispense with the
requirement that the subject matter of the amendment be within the
jurisdiction repesented in the pending text. 90-1, Mar. 2, 1967, p
5155.
However, the fact that the subject matter of an amendment lies
within the jurisdiction of a committee other than that having
jurisdiction over the bill does not necessarily dictate the conclusion
that the amendment is not germane; for committee jurisdiction is but
one of the tests of germaneness, and in ruling on the question, the
Chair must take into consideration other factors, including the fact
that the introduced bill may have been broadened or narrowed by
amendment. See 92-2, Aug. 17, 1972, p 28913; 93-2, Mar. 5, 1974, pp
5306-09. Where the bill is amended in Committee of the Whole to
include matters within the jurisdiction of a committee other than the
reporting committee, further similar amendments may be germane. 99-1,
July 11, 1985, p 18602. The Chair may also take into account the fact
that the portion of the bill being amended itself contains language
related to the amendment that is not within the jurisdiction of the
committee reporting the bill. 94-2, Apr. 2, 1976, pp 9253, 9254. And
an amendment in the nature of a substitute may be in order even though
an incidental portion of the amendment, if considered separately,
might be within the jurisdiction of another committee. 93-1, Aug. 2,
1973, pp 27673-75.
Committee jurisdiction over the subject of an amendment is a
relevant test of germaneness where the pending text is entirely within
one committee's jurisdiction and where the amendment falls within
another committee's purview. 94-2, Jan. 29, 1976, p 1582. Thus,
committee jurisdiction is a relevant test where an authorization bill
that is solely within one committee's
[[Page 484]]
jurisdiction is proposed to be amended by permanent changes of laws
within another committee's jurisdiction. 95-2, May 24, 1978, p 15294.
But committee jurisdiction over the subject of an amendment may not be
the most apt test of germaneness where the proposition being amended
contains provisions so comprehensive as to overlap several committees'
jurisdictions. 99-1, Oct. 8, 1985, pp 26548-51. See also 94-2, Jan.
29, 1976, p 1582; 94-2, June 1, 1976, pp 16024, 16025; 94-2, July 21,
1976, p 23168.
Illustrative applications of the test follow.
Held Not Germane
Text Amendment
A bill reported from the Committee on International Providing for payment of costs of settlement of
Relations dealing with humanitarian and evacuation evacuees in the U.S., a matter within the jurisdiction
assistance in South Vietnam... of the Judiciary Committee (94-1, Apr. 23, 1975, p
11534)
A bill reported from the Committee on Armed Services Requiring reports on the Soviet Union's compliance with
containing diverse provisions relating to national its arms control commitments, a matter within the
defense policy, military procurement and personnel... jurisdiction of the Committee on Foreign Affairs (99-
1, June 27, 1985, p 17810)
A bill reported from the Committee on Merchant Marine Urging cooperation of other nations as to certain Coast
and Fisheries authorizing various activities of the Guard and military operations, a matter within the
Coast Guard... jurisdiction of the Foreign Affairs Committee (100-1,
July 8, 1987, p 19013)
A bill reported from the Committee on Public Works and Amending the Clean Air Act (a statute within the
Transportation amending the Federal Water Pollution jurisdiction of the Committee on Energy and Commerce)
Control Act... to regulate ``acid rain'' (99-1, July 23, 1985, p
20052)
Authorizing environmental research and development Adding permanent regulatory authority by amending a law
activities of an agency for two years... not within the jurisdiction of the committee reporting
the bill (100-1, June 4, 1987, pp 14739 et seq.)
[[Page 485]]
A bill relating to intelligence activities of the Effecting a change in the rules of the House by
executive branch... directing a committee to impose an oath of secrecy on
its members and staff (102-1, May 1, 1991, p ____)
A bill reported from the Committee on Science and Expressing the sense of Congress as to the agency's
Technology authorizing environmental research and regulatory and enforcement activity--a matter within
development activities of an agency for two years... the jurisdiction of another committee (98-2, Feb. 9,
1984, pp 2421 et seq.)
A bill reported from the Committee on Interior and Providing unemployment and retraining entitlement
Insular Affairs designating certain wilderness areas payments to persons affected by such wilderness
in Oregon... designations (98-1, Mar. 21, 1983, pp 6339 et seq.)
A bill reported from the Committee on Agriculture Relating to tariff duties on imported dairy products, a
providing a one-year price support for milk... matter within the jurisdiction of Ways and Means (94-
1, Mar. 20, 1975, p 7667)
A bill reported from the Committee on Public Works and Providing grants to such governments to assist them in
Transportation relating to grants to state and local providing public services, a program within the
governments for local public works construction jurisdiction of the Committee on Government Operations
projects... (94-2, Jan. 29, 1976, p 1582)
A bill reported from the Committee on Ways and Means Precluding the purchase of fuel-inefficient automobiles
providing taxes and tax incentives to conserve by the government, a subject within the jurisdiction
energy... of another committee (Government Operations) (94-1,
June 13, 1975, pp 18816, 18817)
[[Page 486]]
A proposition reported from the Committee on Interstate Reducing energy consumption by the federal government
and Foreign Commerce to conserve energy resources by by a reduced work-week for federal civilian employees,
regulating the production, allocation and use of those a matter within the jurisdiction of the Committee on
resources... Post Office and Civil Service (93-1, Dec. 14, 1973, p
41756)
A proposition recommended by the Committee on Ways and Eliminating all price support payments for sugar, a
Means dealing only with import duties and quotas on matter within the jurisdiction of the Committee on
sugar... Agriculture (95-2, Oct. 6, 1978, p 34111)
A bill reported from the Committee on International Providing foreign and domestic economic assistance, a
Relations providing foreign economic assistance... matter within the jurisdiction of the Banking
Committee (95-2, May 12, 1978, p 13499)
A bill reported from the Committee on Energy and Prohibiting certain uses of general revenue-sharing
Commerce relating to mentally ill individuals... funds (a matter within the jurisdiction of another
committee) in certain jurisdictions (99-2, Jan. 30,
1986, pp 1052, 1053)
Sec. 7 . -- Fundamental Purpose as Test
Another test used by the Chair in determining germaneness points
of order is one in which the fundamental purpose of the bill is
compared with the fundamental purpose of the amendment. Manual
Sec. 798b. If the purpose or objective of an amendment is unrelated to
that of the bill to which it is offered, the amendment may be held not
germane. 8 Cannon Sec. 2911; 86-2, Mar. 15, 1960, p 5655. This test is
particularly applicable to an amendment in the nature of a substitute.
Deschler-Brown Ch 28 Sec. 5. If the purpose of a highway bill is to
connect points A and B, an amendment specifying a different route
between A and B would reflect the same fundamental purpose. But an
amendment connecting A and D would have a different purpose and would
not be germane. Compare 5 Hinds Sec. 5909.
An amendment changing the statement of policy contained in a bill
is not in order if its effect is to fundamentally change the purpose
of the bill. 92-2, May 22, 1972, p 18207. An amendment changing the
law relating to
[[Page 487]]
one agency is not germane to a bill relating to a different agency.
100-1, July 8, 1987, pp 19013-16.
In determining the fundamental purpose of a bill or an amendment
offered thereto, the Chair may examine the broad scope of the bill and
the stated purpose of the amendment and need not be bound by ancillary
purposes that are merely suggested by the amendment. 95-2, Sept. 27,
1978, p 32051. An amendment in the form of a new title may be germane
to a bill as a whole where that bill contains additional provisions
not necessarily confined to the primary purpose, so long as the
amendment falls within the overall parameters of the bill. 97-2, May
6, 1982, p 8933.
The precedents below illustrate the germaneness principal that the
fundamental purpose of the amendment must relate to that of the
pending measure.
Held Germane
Text Amendment
Authorizing funds to provide humanitarian and Authorizing funds for military aid to a foreign country
evacuation assistance and authorizing the use of to be used by that country to further the fundamental
United States troops to provide that assistance... purpose of the bill (94-1, Apr. 23, 1975, p 11509)
Enforcing the right to vote as guaranteed by the 15th Protecting freedom of speech and other First Amendment
Amendment to the Constitution... rights whose abridgment might affect the exercise of
voting rights (89-1, July 9, 1965, p 16263)
Enforcing constitutional voting rights by requiring Providing for court appointment of voting referees to
preservation of federal election returns... insure protection of voters' rights (86-2, Mar. 15,
1960, p 5655)
Making it a federal crime to use a firearm during the Making it a crime to carry a firearm during the
commission of a felony that may be prosecuted in a commission of a felony and providing for a trial in
federal court... either a state or federal court (90-2, July 23, 1968,
p 22789)
[[Page 488]]
Providing an omnibus surface transportation Authorizing funds for certain highway projects that
authorization for highway-related projects as well as would incidentally permit completion of a related
roadways... flood control project (95-2, Sept. 27, 1978, p 32051)
Authorizing the construction of a trans-Alaska oil-gas Containing similar procedures and including the
pipeline pursuant to procedural safeguards promulgated condition that all participants be assured rights
by the Secretary of the Interior... against discrimination as set forth in the Civil
Rights Act (93-1, Aug. 2, 1973, pp 27673-75)
Held Not Germane
Text Amendment
Proposing a constitutional amendment relating to the Pertaining to the apportionment of Representatives and
election of the President and Vice President by the size of congressional districts (91-1, Sept. 18,
popular vote rather than through the electoral college 1969, p 25983)
process...
Authorization of military assistance programs to Authorizing a contribution to the UN International
foreign nations... Atomic Energy Agency (94-2, Mar. 3, 1976, p 5226)
Authorizing LEA grants for the purchase of photographic Providing for the purchase of bulletproof vests (96-1,
and fingerprint equipment for law enforcement Oct. 12, 1979, pp 28123, 28124)
purposes...
Extending the advisory and informational authority of Authorizing the President to issue orders and
the Council on Wage and Price Stability to encourage regulations stabilizing economic transfers, including
voluntary programs to resist inflation... wages and prices (96-1, Mar. 20, 1979, pp 5549, 5550,
5562-64)
Establishing a new office within a government Abolishing the department (88-2, Mar. 12, 1964, p 5125)
department...
[[Page 489]]
Enabling agencies of the government to formulate Prohibiting certain uses of fuel (for school busing)
policies relating to energy conservation... and imposing criminal penalties for such use (94-1,
Sept. 17, 1975, p 28927)
Extending various laws relating to higher education... Imposing restrictions on preschool, elementary, and
secondary education policy (94-2, Mar. 12, 1976, p
13530)
Providing funding for urban highway transportation Broadening the bill to include rail transportation (92-
systems... 2, Oct. 5, 1972, pp 34111, 34115)
Requiring registration and public disclosure by Regulating their activities by placing a ceiling on
lobbyists but not regulating or prohibiting their their monetary contributions to federal officials;
activities... prohibiting lobbying within certain areas (94-2, Sept.
28, 1976, p 33085)
Relating to the minting and issuance of public Providing for a commemorative coin intended for private
currency... circulation (91-1, Oct. 15, 1969, p 30101)
Sec. 8 . -- Accomplishing Result of Bill by Different Method
In order to be germane, an amendment must not only have the same
end as the matter sought to be amended, but must contemplate a method
of achieving that end that is closely allied to the method encompassed
in the bill or other matter sought to be amended. Manual Sec. 798b;
91-2, Aug. 11, 1970, p 28165; 94-2, Jan. 29, 1976, p 1582; 94-2, June
23, 1976, p 20020. Under this principle, when a proposition to
accomplish a certain purpose by one method is pending, an amendment
seeking to achieve the same purpose by another closely related method
is germane. 92-2, June 12, 1972, pp 20403-06; 96-2, Sept. 29, 1980, pp
27832-52. For example, if the purpose of a bill is to support the
health of school children by mandating oranges in a school lunch
program, an amendment providing free vitamin C supplements would be
germane. Likewise, a proposition to accomplish a certain result by two
alternative methods may be amended by language proposing to accomplish
that result by a third closely related method. 92-2, June 12, 1972, pp
20403-06. But an amendment to accomplish a similar purpose by an
unrelated method, not contemplated by the bill, is not ger-
[[Page 490]]
mane. 90-1, Aug. 8, 1967, p 21849; 91-2, Aug. 11, 1970, p 28165; 94-1,
June 12, 1975, pp 18695-702. These principles are illustrated in the
precedents below.
Held Germane
Text Amendment
To accomplish a result through regulation by an To achieve the same purpose through the use of another
executive branch agency... governmental entity (96-2, Sept. 29, 1980, pp 27832-
52)
To conduct a broad range of programs involving energy Authorizing the Council on Environmental Quality to
sources, including environmental research related to evaluate environmental effects of energy technology
the development of energy sources... (93-1, Dec. 19, 1973, pp 42618, 42619)
Providing loan guarantee programs for all states and Providing direct loans (and limited to New York) (94-1,
subdivisions... Dec. 2, 1975, p 38180)
Subjecting employers who fail to apprise their workers Subjecting employers to penalties prescribed in the
of health risks to penalties under certain laws and amendment (100-1, Oct. 14, 1987, p 27885)
regulations...
Held Not Germane
Text Amendment
Conserving energy through the imposition of civil Conserving energy through tax rebates to purchasers of
penalties on manufacturers of low miles-per-gallon high miles-per-gallon automobiles (94-1, June 12,
automobiles... 1975, pp 18695-702)
Establishing an independent agency within the executive Emphasizing committee oversight and authorizing
branch to accomplish a particular purpose... committees to order the agency to take certain actions
(94-1, Nov. 5, 1975, p 35043)
Authorizing the Attorney General to participate in Establishing a Community Relations Service to assist in
litigation based on discrimination in public resolving disputes arising from discriminatory
facilities... practices (88-2, Feb. 6, 1964, p 2251)
[[Page 491]]
Authorizing the promulgation of a national drinking Requiring the negotiation and enforcement of
water standards to protect public health from international agreements to accomplish that purpose
contaminants... (93-2, Nov. 19, 1974, pp 36393, 36394)
To aid in the control of crime through research and To control crime through regulation of the sale of
training... firearms (90-1, Aug. 8, 1967, p 21849)
A bill extending unemployment compensation benefits Stimulating economic growth by tax incentives and
during a period of economic recession... regulatory reform (102-1, Sept. 17, 1991, p ____)
A bill to promote technological advancement by Exhorting to do so by changes in tax and antitrust laws
fostering federal research and development... (102-1, July 16, 1991, p ____)
To provide financial assistance to domestic agriculture Protecting domestic agriculture by restricting imports
through a system of price support payments... in competition therewith (97-1, Oct. 14, 1981, pp
23898, 23899)
4Sec. 9 . -- Individual Proposition or Class Not Germane to Another
One individual proposition is not germane to another individual
proposition. 8 Cannon Secs. 2951-2953, 2963-2966; Manual Sec. 798e;
94-1, Oct. 2, 1975, p 31487; 101-2, Oct. 22, 1990, p ____. This rule
is applied even where the two belong to the same class. 8 Cannon
Sec. 2951; 96-1, Dec. 12, 1979, pp 35522, 35527, 35528; 99-2, Jan. 29,
1986, p 684; 102-1, Oct. 24, 1991, p ____. Thus, in theory, a bill
regulating the transportation of apples could not be amended by
language regulating the transportation of oranges. However, if an
individual proposition is rendered general in its scope by amendment,
it is then subject to further amendment by propositions of the same
class. 8 Cannon Sec. 3003.
An individual proposition is not rendered germane to another
individual proposition merely because they are related. Thus, to a
bill amending one subsection of law dealing with one prohibited type
of activity, an amendment to another subsection dealing with a related
but separate prohibited type of activity is not germane. 96-1, May 16,
1979, pp 11466, 11467, 11470.
Where a bill covers two or more subjects within a readily
definable class, it is not in order to add additional subjects outside
of that class by
[[Page 492]]
way of amendment. 92-2, Feb. 2, 1972, pp 2180-82; 98-1, Sept. 29,
1983, pp 26467, 26484, 26485. Likewise, to a bill pertaining to
several functions within an identifiable class of activity, an
amendment adding a function outside that class would not be germane.
To a bill dealing with relief for one class, an amendment seeking
to include another class is not germane. 91-2, July 27, 1970, p 25801.
Thus, to a bill providing financial relief for one class--agricultural
producers--an amendment is not germane where it extends such relief to
another class, commercial fishermen, particularly where relief to the
latter class is within the jurisdiction of another committee. 95-2,
Apr. 24, 1978, p 11081.
To a bill extending certain provisions to a certain class of
employees, an amendment to extend those provisions to an additional
category of employees within that same class is germane. 92-2, Apr.
27, 1972, p 14567. But such an amendment is not germane if it brings
other classes of employees within the scope of the bill. 99-1, Oct. 9,
1985, p 26954.
The precedents below illustrate applications of the principle that
an amendment relating to one individual proposition or class may not
be offered to a measure relating to another individual proposition or
class.
Held Not Germane
Text Amendment
Providing for the relief of one individual... Providing for similar relief to another (5 Hinds Secs.
5826-5929)
Providing for the extermination of the boll weevil... Including the gypsy moth (5 Hinds Sec. 5832)
Providing a clerk for a committee... Providing a clerk for another committee (5 Hinds Sec.
5833)
Providing for an additional judge in one territory... Providing additional judges in other territories (5
Hinds Sec. 5830)
Providing relief for dependents of men in the Army... Extending benefits to dependents in National Guard (8
Cannon Sec. 2953)
Pensioning veterans of Indian wars... Pensioning veterans of Mexican wars (8 Cannon Sec.
2960)
Appropriating for only one year (and containing no Extending the appropriation to another year (8 Cannon
provisions extending beyond that year)... Sec. 2913; Manual Sec. 798e)
[[Page 493]]
Containing diverse provisions relating to congressional Repealing the Impoundment Control Act, thereby
actions on the budget... addressing Presidential authority to rescind or defer
(96-2, Nov. 18, 1980, pp 30026, 30027)
Siting a certain type of repository for a specified Prohibiting the construction at another site of another
kind of nuclear waste... type of repository for another kind of nuclear waste
(102-2, July 21, 1992, p ____)
Providing for the disposal of tin from the national Providing for the disposal of silver from the stockpile
stockpile... (96-1, Dec. 12, 1979, pp 35522, 35527, 35528)
To provide financial assistance to the states for Proposing loans to assist in the construction of
construction of public school facilities... private schools (86-2, May 26, 1960, p 11292)
Relating to settlement of a particular railway labor Concerning another dispute between a different railroad
dispute... company and its employees (90-1, June 15, 1967, p
15930)
Relating to a certain class of prohibited activities... Proposing to include another class of prohibited
activities (92-2, Aug. 17, 1972, p 28883)
Relating to the design of certain coins... Specifying the metal content of other coins (93-1,
Sept. 12, 1973, pp 29377, 29378)
Regulating poll-closing time in Presidential general Extending the provisions to Presidential primary
elections... elections (99-2, Jan. 29, 1986, p 684)
Relating to the civil service system for federal Including other classes of employees (postal and
civilian employees... District of Columbia employees) (95-2, Sept. 7, 1978,
pp 28437-39; 99-1, Oct. 9, 1985, pp 26951-54)
Containing a cost-of-living adjustment for foreign Containing a comparable adjustment in annuities for
service retirees... federal civil service employees (94-2, June 18, 1976,
p 19226)
[[Page 494]]
To determine the equitability of federal pay practices To extend the determination of fairness to pay
under statutory systems applicable to agencies of the practices in the legislative branch (100-2, Sept. 28,
executive branch... 1988, pp 26420-22)
Providing for payment from the Senate contingent fund Providing additional travel allowances, payable from
of certain travel expenses incurred by Senate the House contingent fund, to Members of the House (87-
employees... 1, Mar. 29, 1961, p 5278)
Authorizing grants to states for purchase of one class Including assistance for the purchase of a different
of equipment (photographic and fingerprint equipment) class of equipment (bulletproof vests) (96-1, Oct. 12,
for law enforcement purposes... 1979, pp 28121-24)
Sec. 10 . -- General Amendments to Specific or Limited Propositions
A specific proposition may not be amended by a proposition more
general in scope. 5 Hinds Sec. 5843; 8 Cannon Secs. 2997, 2998;
Deschler-Brown Ch 28 Sec. 9; Manual Sec. 798f; 97-2, Aug. 10, 1982, p
20263; 97-2, Sept. 23, 1982, pp 24963, 24964; 98-2, Jan. 24, 1984, pp
272, 284, 285. Thus, an amendment applicable to fruits of all kinds
would not be germane to a bill dealing only with apples. So too, an
amendment applicable to all departments and agencies is not germane to
a bill limited in its application to only certain departments and
agencies. 90-1, Sept. 27, 1967, p 26957. Even an amendment which
merely strikes words from a bill may be ruled out if the amendment has
the effect of broadening the scope of the bill. Sec. 17, infra.
A substitute for an amendment must be confined in scope to the
subject of the amendment. 93-2, Mar. 6, 1974, pp 5448, 5449. Thus, an
amendment rewriting an entire concurrent resolution on the budget is
not germane to a perfecting amendment proposing certain changes in
figures for one of the years covered by the resolution. 96-1, May 2,
1979, pp 9564-66.
The precedents below illustrate the principle that a specific
proposition may not be amended by a proposition general in nature. The
question for the Chair frequently consists in determining what
comprises a ``general'' or ``specific'' proposition.
[[Page 495]]
Held Not Germane
Text Amendment
Admitting a Territory... Admitting several Territories (5 Hinds Sec. 5837)
Relating to all corporations in interstate commerce... Relating to all corporations (5 Hinds Sec. 5842)
Proposition applicable to one bureau of the Navy Application to the Navy Department as a whole (8 Cannon
Department... Sec. 2997)
Prohibiting speculation in cotton... Prohibiting speculation in cotton, wheat, and corn (8
Cannon Sec. 3001)
Amending a law in one particular... Repealing the law (5 Hinds Sec. 5924; 8 Cannon Sec.
2949)
Authorizing loans to farmers in certain areas... Authorizing loans without geographical restriction (8
Cannon Sec. 3235)
To authorize foreign economic assistance to certain To require reports on human rights violations by all
qualifying nations... foreign countries (95-2, May 12, 1978, p 13500)
Restricting the use of funds for military operations in Extending that restriction to other countries in
South Vietnam... Indochina (94-1, Apr. 23, 1975, p 11508)
Proposing an amendment to the Constitution prohibiting Requiring the U.S. and all states to treat persons 18
the U.S. or any state from denying persons 18 years of years and older as having reached the age of legal
age or older the right to vote... majority for all purposes under the law (92-1, Mar.
23, 1971, p 7567)
Making it a federal crime to obstruct court orders Making it applicable to all court orders (86-2, Mar.
relating to desegregation of public schools... 23, 1960, p 6369)
Dealing with official conduct of federal employees... Relating to any criminal conduct of those officials (95-
2, Oct. 12, 1978, p 36461)
Extending the benefits of a federal program to one To include a broader category--all nonprofit
class (public schools)... institutions in depressed areas (89-2, Sept. 1, 1966,
p 21656)
[[Page 496]]
A bill amending an existing law to promote economic Requiring a study of the impact of all federal, state,
development through financial assistance to local and local laws and regulations on employment
communities... opportunities (98-1, July 12, 1983, pp 18712, 18713)
Relating to mental health... Addressing a variety of public health programs (99-2,
Jan. 30, 1986, pp 1052, 1053)
Temporarily suspending certain requirements of the Temporarily suspending other requirements of all other
Clean Air Act... environmental protection laws (93-1, Dec. 14, 1973, p
41751)
Authorizing activities of certain government agencies Permanently changing existing law to cover a broader
for a temporary period... range of government activities (100-2, May 5, 1988, pp
9934-39)
To appropriate or to authorize appropriations for only To extend the appropriation or authorization to another
one year... year (96-2, Nov. 13, 1980, pp 29523-28)
Dealing with one aspect of federal spending (U.S. Relating to the entire federal budget, mandating that
contributions to an international financial total outlays not exceed receipts (98-1, Aug. 3, 1983,
institution)... p 22679)
Appropriating funds for a program for one fiscal Relating to eligibility for funding in any fiscal year
year... (98-1, Oct. 5, 1983, pp 27313, 27314)
Prohibiting the use of funds appropriated for a fiscal Prohibiting the use of funds appropriated for that or
year for a specified purpose... any prior fiscal year for an unrelated purpose (100-1,
June 30, 1987, p 18294)
Sec. 11 . -- Specific Amendments to General Propositions
A general proposition may be amended by a specific proposition or
one more limited in nature if within the same class. 8 Cannon
Secs. 3002, 3009, 3012; Deschler-Brown Ch 28 Sec. 10; Manual
Sec. 798g; 94-1, Dec. 2, 1975, p 31810; 97-2, July 20, 1982, p 17093.
Thus, a bill regulating the transpor-
[[Page 497]]
tation of fruits of all kinds could be amended by language applicable
specifically to oranges. So too, where a bill seeks to accomplish a
general purpose by diverse methods, an amendment which adds a specific
method to accomplish that result may be germane. 94-2, Apr. 26, 1976,
p 11101. Similarly, to a bill authorizing a broad program of research
and development, an amendment directing specific emphasis during the
administration of that program is germane. 93-1, Dec. 19, 1973, p
42607.
To a proposition conferring a broad range of authority to
accomplish a particular result, an amendment granting specific
authority to achieve that result is germane. 93-1, Dec. 12, 1973, p
41160; 93-1, Dec. 14, 1973, p 41732; 93-1, Dec. 14, 1973, p 41753.
An amendment defining a term in a bill may be germane so long as
it relates to the bill and not to portions of laws being amended which
are not the subject of the bill. Thus, to a bill clarifying the
definition of persons or institutions under certain civil rights
statutes, an amendment providing that the term ``person'' for the
purpose of the bill shall include unborn children was held germane.
98-2, June 26, 1984, pp 18865, 18866.
Set out below are precedents illustrating the principle that a
general proposition may be amended by a specific or more limited one.
Held Germane
Text Amendment
Making a lump-sum appropriation for rivers and Designating specific projects on which a lump-sum
harbors... should be expended (8 Cannon Secs. 3004, 3008)
Providing for a decennial census of the entire Relating to the alien population of the United States
population of the United States... (8 Cannon Sec. 3005)
Authorizing a commission to report on the public Specifying a report on a designated area of the public
domain... domain (8 Cannon Sec. 3007)
Establishing an executive agency and conferring broad Directing that agency to conduct a study of a subject
authority thereon... within the scope of that authority (93-1, Dec. 14,
1973, p 41752)
Conferring wide discretionary powers upon an energy Directing the administrator to issue preliminary summer
administrator... guidelines for citizen fuel use (93-2, Mar. 6, 1974,
pp 5436, 5437)
[[Page 498]]
Authorizing the Federal Energy Administrator to Directing that official to prohibit the exportation of
restrict exports of certain energy resources... petroleum products for use in military operations in
Indochina (93-1, Dec. 14, 1973, p 41753)
Directing the President to require all government Limiting the number of ``fuel inefficient'' passenger
agencies to use economy model motor vehicles... motor vehicles which the government could purchase (93-
1, Dec. 14, 1973, pp 41722, 41723)
Seeking to accomplish a general purpose (support of the Authorizing the employment of unemployed artists
arts and humanities) by diverse methods... through the National Endowment for the Arts (94-2,
Apr. 26, 1976, pp 10098-101)
Addressing a range of criminal prohibitions... Addressing another criminal prohibition within that
range (102-1, Oct. 17, 1991, p ____)
Sec. 12 . -- Adding to Two or More Propositions
A measure containing two or more diverse propositions within the
same class may be amended by an amendment adding a third proposition
on the same subject. 8 Cannon Sec. 3016; 96-1, Aug. 1, 1979, pp 21939,
21944-47; Deschler-Brown Ch 28 Sec. 11. For example, a bill regulating
the transportation of apples and oranges could be amended by language
extending the bill to bananas. So too, to a bill bringing two new
categories within the coverage of existing law, an amendment to
include a third category of the same class may be germane. 90-1, Nov.
27, 1967, p 33769. Likewise, where a bill contains several unrelated
titles on a general subject, an amendment adding a further title
within that general subject is germane. 92-1, Nov. 4, 1971, pp 39323-
29. And where a bill defines several unlawful acts, an amendment
proposing to include another unlawful act of the same class is
germane. 90-1, Aug. 16, 1967, p 22757; 102-1, Oct. 17, 1991, p ____.
On the other hand, where a bill covers two or more subjects within
a readily definable class, it is not in order to add additional
subjects outside of that class by way of amendment. Thus, to a bill
authorizing the Secretary of the Treasury to strike two types of
national medals honoring the bicentennial, an amendment permitting
private mints to strike state medals was held not germane. 92-2, Feb.
2, 1972, pp 2180-82.
[[Page 499]]
To a bill containing definitions of several of the terms used
therein, an amendment may be germane which modifies one of the
definitions and adds another (90-1, Sept. 26, 1967, p 26878), or which
further defines other terms used in the bill (94-1, Dec. 9, 1975, p
39427).
Held Germane
Text Amendment
Admitting several Territories into the Union... Admitting another Territory (5 Hinds Sec. 5838)
Constructing buildings in two cities... Constructing similar buildings in several other cities
(5 Hinds Sec. 5840)
Providing a number of restrictions on an expenditure... Adding another restriction (8 Cannon Sec. 3010)
Providing for a number of Army camps... Providing for an additional camp (8 Cannon Sec. 3012)
Authorizing payment to several employees for To pay another employee for such injuries (8 Cannon
injuries... Sec. 3015)
Collecting statistics on agriculture, manufacture, and Collecting statistics on insurance (8 Cannon Sec.
mining... 3016)
Relating to motor trucks and passenger-carrying Relating to motor trucks, passenger-carrying
automobiles... automobiles, motorcycles, and trailers (7 Cannon Sec.
1415)
Setting forth diverse findings and purposes related to Adding another finding or purpose related to that
a general subject... subject (96-1, June 12, 1979, p 14460)
Prohibiting indirect foreign assistance to several Including additional countries within that prohibition
foreign countries... (95-2, Aug. 3, 1978, p 24244)
Relating in many diverse respects to the political Conferring upon that electorate the additional right of
rights of the people of the District of Columbia... electing a nonvoting Delegate to the Senate (93-1,
Oct. 10, 1973, pp 33656, 33657)
Containing funds for several departments and Providing funds for subway construction in the District
agencies... of Columbia (92-1, May 11, 1971, p 14437)
[[Page 500]]
Extending coverage of gun control laws to rifles, Relating to registration of firearms by the purchasers
shotguns, and ammunition... thereof (90-2, July 19, 1968, p 22249)
Making unlawful a number of activities in the field of Adding another activity, ``loansharking,'' to those
interstate consumer credit transactions... prohibited in the bill (90-2, Jan. 31, 1968, p 1605)
Extending the coverage of the Flammable Fabrics Act to To bring children's toys within the mandate of the Act
include wearing apparel and household furnishings... (90-1, Nov. 27, 1967, p 33769)
Seeking to reduce tax liabilities in several diverse Adding an additional tax credit to those contained in
ways--including tax credits... the bill (94-1, Mar. 26, 1975, p 8931)
Containing farm programs for dairy products, wool, feed To add a new title relating to poultry and eggs (89-1,
grains, cotton and wheat... Aug. 19, 1965, p 21053)
Sec. 13 . Appropriation Bills
An amendment offered to a general appropriation bill must be
germane to the part of the bill that is under consideration. Deschler-
Brown Ch 28 Sec. 15. Amendments that are offered to appropriation
bills must satisfy the general tests of germaneness that are set forth
earlier in this chapter. Secs. 4 et seq., supra.
Where an amendment to a general appropriation bill relates to the
appropriation of specific funds, it should be offered to the specific
item of appropriation to which it applies.
Germaneness is an express requirement of any amendment sought to
be introduced pursuant to the ``Holman Rule,'' which permits
legislative matter in general appropriation bills under certain
circumstances. Manual Sec. 844a. See Appropriations.
Set out below are precedents illustrating the application of the
germaneness rule during consideration of appropriation bills.
Held Germane
Text Amendment
[[Page 501]]
Providing certain funds and permitting them to remain Placing certain restrictions on their use, to become
available beyond the fiscal year covered by the effective after the expiration of the fiscal year (92-
bill... 1, Nov. 17, 1971, p 41838)
Providing funds for foreign assistance programs... To deny use of funds therein to pay arrearages or dues
of members of the United Nations (87-2, Sept. 20,
1962, p 20187)
Providing funds for the Department of Agriculture and Providing that no appropriation in the act be used for
including a specific allocation of funds for animal chemical pesticides where such action would be
disease and pest control... prohibited by state or local law (91-1, May 26, 1969,
p 13753)
Providing appropriations for the Department of Providing that none of the funds appropriated by the
Defense... act be used to finance certain military operations (92-
1, Nov. 17, 1971, p 41838)
Held Not Germane
Text Amendment
Prohibiting aid to one nation unless a certain Prohibiting aid to another nation pending certain
condition is met... actions, and referring to funds in other acts (90-1,
Nov. 17, 1967, p 32968)
Providing for continuing appropriations pending Requiring an agency to report to each Member the total
enactment of regular appropriation bills and federal expenditures in his congressional district and
curtailing certain government expenditures... directing the Members to take certain steps to effect
a reduction in expenditures (90-1, Oct. 18, 1967, p
29290)
Continuing appropriations for certain departments and Placing a restriction on the total administrative
agencies for one month... budget expenditures for the fiscal year and thus
affecting funds not continued by the bill (90-1, Sept.
27, 1967, p 26957)
[[Page 502]]
Providing supplemental appropriations for certain Affecting appropriations for virtually all departments
specified departments of government... and agencies of government (89-2, Oct. 18, 1966, p
27424)
Continuing the availability of appropriated funds and Permanently changing existing law as to the eligibility
also imposing diverse legislative conditions on the of certain recipients (97-1, Dec. 10, 1981, p 30538)
availability of appropriations...
Pertaining to an appropriation for an agency for one Changing the appropriation figure but also adding
year... language having the effect of permanent law (98-1,
June 29, 1983, pp 18129, 18130)
Containing funds for a certain purpose to be expended Containing funds for another government agency for the
by one government agency... same general purpose (97-1, July 24, 1981, p 17226)
B. Application of Rule to Particular Forms of Amendment
Sec. 14 . In General
The rule requiring germaneness of amendments has been applied to
many forms of propositions having amendatory effect, including an
amendment to a particular part of a bill (Sec. 15, infra), amendments
to amendments (8 Cannon Sec. 2924), and amendments affecting specified
provisions of existing law where the bill itself amends such law
(Sec. 27, infra). The rule applies to amendments offered by committee
as well as to amendments recommended from the floor. Sec. 19, infra.
The form in which an amendment is offered may affect the
determination of whether the amendment is germane. Thus, whether an
amendment adds a new title to a bill or adds language to an existing
title may affect the determination of whether the amendment is
germane. Sec. 16, infra.
Sec. 15 . Amendments to Particular Portion of Bill
An amendment must be germane to the particular portion of the bill
to which it is offered. 96-1, May 16, 1979, p 11470. If the amendment
is offered to a particular paragraph or section, then it must be
germane thereto.
[[Page 503]]
Manual Sec. 793; Deschler-Brown Ch 28 Sec. 18; 101-2, July 31, 1990, p
____. Similarly, an amendment to a bill being read for amendment by
titles must be germane to the title to which offered. 96-2, Sept. 5,
1980, pp 24375-97. The Chair may rule out an amendment as not germane
to the portion to which it has been offered without passing on the
germaneness of the amendment to the bill as a whole. 75-3, Mar. 18,
1938, p 3698.
The test of germaneness of an amendment is its relationship to the
pending portion of the bill, as amended to that point. 96-1, May 16,
1979, pp 11466, 11467, 11470. For this reason, an amendment may be
ruled out because it is not germane to a particular part of the bill,
while a similar amendment may be allowed subsequently when the scope
of the bill has been broadened by additional paragraphs passed in the
reading. 91-1, Oct. 3, 1969, p 28454. By the same token, an amendment
that might be considered germane if offered at the end of the reading
of the bill for amendment may not be germane if offered during the
reading, before all the provisions of the bill are before the
Committee of the Whole for consideration. 91-1, Oct. 3, 1969, p 28442.
In passing on the germaneness of an amendment, the Chair considers
the relation of the amendment to the bill as modified by the Committee
of the Whole at the time the amendment is offered, and not as
originally referred to the Committee. An amendment that would be in
order if offered when the bill is first taken up may be held not
germane to the bill, as modified, after portions of the bill have been
stricken out by amendments in the Committee of the Whole. 8 Cannon
Sec. 2910.
Sec. 16 . Adding New Section or Title
An amendment in the form of a new title, section, or paragraph
need not necessarily be germane to the title, section, or paragraph
immediately preceding it. 8 Cannon Secs. 2932, 2935. Deschler-Brown Ch
28 Sec. 19; 99-1, Oct. 8, 1985, p 26551. If offered at the conclusion
of the reading, it is sufficient that it be germane to the subject
matter of the bill as a whole. 86-1, June 24, 1959, p 11790; 95-2,
Feb. 23, 1978, p 4452; 95-2, Aug. 2, 1978, p 23938; 96-1, Aug. 1,
1979, p 21967. Thus, the test of germaneness of an amendment adding a
new title at the end of a bill is its relationship to the bill as a
whole, as perfected. 98-2, Aug. 10, 1984, pp 23958, 23968, 23974-78;
99-1, July 11, 1985, p 18602; 99-1, Oct. 8, 1985, p 26551. For this
reason, an amendment which might not be germane when offered to a
particular title of a bill may be considered germane if offered as a
new title. 90-1, Oct. 11, 1967, p 28649. This test is applied even
though the amend-
[[Page 504]]
ment in effect modifies a provision previously read and passed. 86-1,
June 24, 1959, p 11790.
In determining the application of this test, the Chair must take
into account whether the text is being read by titles, sections, or
paragraphs. Thus, the test of the germaneness of an amendment in the
form of a new section to a title of a bill being read by titles is the
relationship between the amendment and the pending title. 94-1, Sept.
17, 1975, p 28927.
Sec. 17 . Striking Out Text
An amendment striking out language in a bill may be subject to the
point of order that it is not germane. 8 Cannon Sec. 2920. A proposal
to eliminate portions of a text, thereby extending the scope of its
provisions to subjects other than those originally presented, is in
violation of the rule requiring germaneness. Deschler-Brown Ch 28
Sec. 20; 86-2, Mar. 23, 1960, p 6381. A motion to strike out a portion
of the text of an amendment, thereby extending its scope to a more
general subject, is not germane. 96-1, July 17, 1979, p 19066. A pro
forma amendment merely to ``strike out the last word'' is germane. 89-
1, July 28, 1965, p 18639.
Sec. 18 . Substitute Amendments
A substitute must be germane to the amendment for which it is
offered. 96-1, June 26, 1979, pp 16663, 16668, 16673, 16674; 98-1,
June 15, 1983, pp 15803, 15809. A substitute for an amendment must be
confined in scope to the subject of the amendment (93-2, Mar. 6, 1974,
pp 5448, 5449) and must relate to the same portion of the bill being
amended by the amendment (94-1, Oct. 8, 1975, p 32428). However, for
an amendment changing certain language in a pending section, a
substitute changing that text and also additional language in the
section may be germane if it has the effect of dealing with the same
subject in a related and more limited way. 95-1, May 25, 1977, pp
16648, 16652, 16653.
The test of the germaneness of a substitute amendment is its
relationship to the amendment for which offered and not its
relationship to the pending bill. See Deschler-Brown Ch 28 Sec. 21;
Manual Sec. 795. Thus, for an amendment establishing a termination
date for the Federal Energy Administration, a substitute not dealing
with the date of termination but providing instead a reorganization
plan for that agency was ruled out as not germane. 94-2, June 1, 1976,
p 16056.
[[Page 505]]
Sec. 19 . Committee Amendments
The rule of germaneness applies to committee amendments as well as
those to offered by individual Members. 5 Hinds Sec. 5806; Deschler-
Brown Ch 28 Sec. 22. A committee amendment, whether or not in the
nature of a substitute, should be germane to the bill as introduced.
90-1, Oct. 10, 1967, p 28406.
Sec. 20 . Recommittals; Instructions to Committees
The germaneness rule applies to instructions in a motion to
recommit a bill to a committee. It is not in order to propose as part
of a motion to recommit any proposition that would not have been
germane if proposed as an amendment to the bill in the House. 5 Hinds
Secs. 5529-5541; 8 Cannon Secs. 2708-2712; Manual Sec. 796. In one
instance, for example, during consideration of a bill authorizing
military expenditures, a motion to recommit with instructions was
ruled out on a point of order because it contained provisions seeking
to prescribe foreign policy objectives. 90-1, Mar. 2, 1967, p 5155.
The instructions must be germane to the bill as perfected by the
House (103-1, Nov. 19, 1993, p __________), even where the
instructions do not propose a direct amendment to the bill but merely
direct the committee to pursue an unrelated approach (95-2, Mar. 2,
1978, p 5272) or direct the committee not to report the bill back to
the House until an unrelated contingency occurs (8 Cannon Sec. 2704).
An amendment carrying instructions in the form of a new title at the
end of a bill need only be germane to the bill as a whole. 99-2, Sept.
19, 1986, pp 24731 et seq.
A point of order against a motion to recommit with instructions
has been entertained prior to completion of the reading of such motion
where the matter contained in the instructions has been ruled out as
not germane when offered as an amendment in the Committee of the
Whole. 90-1, Mar. 2, 1967, p 5155.
C. Amendments Imposing Qualifications or Limitations
Sec. 21 . In General; Exceptions or Exemptions
As pointed out earlier in this chapter, a general subject may be
amended by a specific proposition of the same class. Sec. 11, supra.
Under an extension of this principle an amendment that makes a
specific exception to or exemption from a general proposition is
germane and in order. 8 Cannon Sec. 3028; Deschler-Brown Ch 28
Sec. 29. Thus, to a section dealing with a designated
[[Page 506]]
class, an amendment exempting from the provisions of the section a
certain portion of that class may be germane. 8 Cannon Sec. 3026.
Provisions restricting authority may be modified by amendments
providing exceptions to those restrictions. 8 Cannon Sec. 3024.
Further illustrations of this rule are set forth below.
Held Germane
Text Amendment
Providing for deportation of aliens... Exempting a portion of such aliens from deportation (8
Cannon Sec. 3029)
Prohibiting the issuance of injunctions by the courts Excepting all labor disputes affecting public utilities
in labor disputes... (8 Cannon Sec. 3024)
Prohibiting an administrator from setting ceiling Exempting new crude petroleum sold by producers of less
prices for domestic crude oil above a certain level... than 30,000 barrels per day (93-2, Mar. 6, 1974, p
5449)
Limiting discretionary powers conferred in a bill... Providing an exception from that limitation (93-2, Mar.
6, 1974, p 5449)
Requiring NLRB certification of employee elections of Making an exception where an employer has undermined
unions as bargaining agents only where there has been the election or is otherwise estopped from challenging
a secret ballot... it (95-1, Oct. 6, 1977, p 32608)
Denying benefits to recipients failing to meet a Denying the same benefits to some recipients but
certain qualification... excepting others (97-2, July 28, 1982, p 18358)
Sec. 22 . Conditions or Qualifications
A condition or qualification sought to be added by way of
amendment must be germane to the provisions of the bill. Manual
Sec. 800; Deschler-Brown Ch 28 Sec. 30. An amendment is not germane if
it makes the effectiveness of a bill contingent upon an unrelated
event or determination. 93-1, Dec. 11, 1973, p 40837; 98-1, Nov. 2,
1983, pp 30525-27, 30541, 30542. Thus, an amendment making the
implementation of a funding program contingent upon compliance with
unrelated legislation is not germane. 98-1, June 16, 1983, p 16060.
For discussion of postponements pending contingencies, see Sec. 26,
infra.
On the other hand, an amendment imposing a condition may be in
order if it imposes a prerequisite that comes within the general
subject covered
[[Page 507]]
by the bill. For example, where a bill provided a comprehensive grant
program that included within its scope the welfare of law enforcement
officers, an amendment requiring states to enact a law enforcement
officers' grievance system as a prerequisite to receiving grants under
the bill was held to come within the general subject of law
enforcement improvement covered by the bill and was held germane. 93-
1, June 18, 1973, pp 20099-101.
Assistance to a particular class of recipient covered by a bill
may not by amendment be conditioned on actions or inaction by another
class of recipient or agent not covered by the bill. 99-2, Mar. 5,
1986, pp 3612, 3613. An amendment conditioning the availability to
certain recipients of funds in an authorization bill upon their
compliance with federal law not otherwise applicable to those
recipients and within the jurisdiction of other House committees may
be ruled out as not germane. 98-1, June 16, 1983, pp 16059, 16060.
Held Germane
Text Amendment
Authorizing the funding of a variety of programs that Conditioning the availability of those funds upon
satisfy several stated requirements, in order to implementation of another program related to that
accomplish a general purpose... general purpose (93-1, June 18, 1973, pp 20099-101)
Providing for scholarships... Relating to requirements for eligibility for such
scholarships (89-1, Sept. 1, 1965, p 22475)
Authorizing funds for military procurement and Barring use of the funds in military operations in
construction... North Vietnam (90-1, Mar. 2, 1967, p 5143)
Authorizing the insurance of vessels... Denying such insurance to vessels charging exorbitant
rates (8 Cannon Sec. 3023)
Authorizing an agency to undertake certain Allowing Congress to disapprove regulations issued
activities... pursuant thereto (94-2, May 4, 1976, p 12348)
Directing the furnishing of certain intelligence Imposing relevant conditions of security on the
information to the House... handling of such information in committee (102-1, June
11, 1991, p ____)
[[Page 508]]
Sec. 23 . Restrictions or Limitations
Restrictions and limitations sought to be added to a bill by way
of amendment must be germane to the provisions of the bill. Manual
Sec. 800; Deschler-Brown Ch 28 Sec. 32. Thus, to a bill amending a
statute, an amendment prohibiting assistance under that act or under
any other act for a particular purpose, and affecting laws not being
amended by the bill, may be ruled out as not germane. 94-2, May 11,
1976, pp 13419, 13427. Other illustrations of this principle are set
forth below.
Held Germane
Text Amendment
Authorizing change in railroad rates... Excluding rate increases (8 Cannon Sec. 3022)
Authorizing aid to shipping... Limiting such aid to ships equipped with life-saving
devices (8 Cannon Sec. 3027)
Authorizing use of oil-burning engines on ships... Prohibiting use of such engines if constructed outside
of U.S. (8 Cannon Sec. 3032)
Authorizing the furnishing of medical services and Prohibiting the use of such services to perform certain
facilities... abortions (96-1, July 11, 1979, pp 18022, 18052)
Providing unlimited terms of service for judges... Restricting terms to four years (8 Cannon Sec. 3031)
Providing for the transfer of specified property solely Requiring reversion of the property if not used for
for the purpose of providing shelter to the homeless that charitable purpose as defined under a provision
and to protect the public health... of the Internal Revenue Code (99-2, June 5, 1986, pp
12592-94)
Held Not Germane
Text Amendment
Repairing naval vessels... Prohibiting such repairs in navy yards when possible to
make at less expense elsewhere (8 Cannon Sec. 3034)
[[Page 509]]
Sec. 24 . -- Limitations on Discretionary Powers
To a proposition conferring discretionary authority, an amendment
limiting or restricting the exercise of that authority is germane. 8
Cannon Sec. 3022; Deschler-Brown Ch 28 Sec. 33; 93-2, Mar. 5, 1974, pp
5309, 5310; 93-2, Mar. 6, 1974, pp 5436, 5437; 95-2, Aug. 2, 1978, p
23730. For example, where a bill continues the authority of an
official to set maximum interest rates on loans, an amendment placing
a limit on such authority is germane. 91-1, Sept. 29, 1969, p 27351.
An amendment limiting the exercise of a discretionary power
conferred in a bill may be germane even though it incorporates as a
term of measurement a qualification or condition applicable to
entities beyond the scope of the bill. 95-2, July 19, 1978, p 21704.
Thus, to a proposition that the Administrator of Veterans' Affairs be
authorized to establish a maximum interest rate for loans, an
amendment stating that ``the rate fixed shall not be higher than the
FHA rate'' was held germane. 91-1, Sept. 29, 1969, p 27351.
While a proposition reorganizing existing discretionary agency
authority may be amended by imposing limitations on the exercise of
those functions, an amendment directly changing policies in the
substantive law to be administered by that agency is not germane. 93-
2, Mar. 6, 1974, pp 5433-36.
Held Germane
Text Amendment
Authorizing funds for the National Aeronautics and Prohibiting contracts for ``support'' services except
Space Administration... where certain cost comparisons had been made (90-1,
June 28, 1967, p 17748)
Conferring authority on the President to establish Restricting that regulatory authority by requiring that
rules for ordering priorities among petroleum users petroleum products allocated for public school
and requiring that vital services in the areas of transportation be used only between the student's home
education and transportation shall receive priority... and the school closest thereto (93-1, Dec. 13, 1973,
pp 41267-69)
Prescribing the functions of a new Federal Energy Limiting the authority of the administrator in setting
Administration by conferring wide discretionary powers prices for propane gas by requiring an equitable
on the administrator... allocation of production costs (93-2, Mar. 5, 1974, pp
5309, 5310)
[[Page 510]]
Prescribing the functions of a new Federal Energy Prohibiting the promulgation of petroleum rationing
Administration... rules without prior approval by Congress (93-2, Mar.
6, 1974, p 5439)
Authorizing an agency to undertake certain Providing that regulations issued pursuant to that
activities... authority may be disapproved by Congress (94-2, May 4,
1976, pp 12344, 12345, 12348)
Continuing U.S. participation under the International Directing opposition in that forum to loans to nations
Development Association Act... not party to a nuclear nonproliferation treaty (93-2,
July 2, 1974, p 22029)
Containing diverse provisions relating to authorities Precluding the use of certain land for deployment of a
of the Department of Defense... weapons system pending a study (96-2, May 21, 1980, pp
11972, 11973)
Sec. 25 . -- Restrictions on Use of Funds
Amendments that merely place restrictions on the use of funds that
are authorized or referred to in the bill are generally upheld as
germane. Deschler-Brown Ch 28 Sec. 34; 93-2, Aug. 15, 1974, pp 28423,
28438, 28439. An amendment seeking to restrict the use of funds must
be limited to the subject matter and scope of the provisions sought to
be amended. Manual Sec. 800. The amendment must be confined to the
agencies, authority, and funds addressed by the bill and may not be
more comprehensive in scope. 94-2, July 27, 1976, pp 24040, 24041. A
limiting amendment may be held not germane if it places restrictions
on funds authorized or appropriated in other bills. 90-1, Aug. 24,
1967, p 24002. To be germane, the amendment restricting the use of
funds must relate solely to those funds and may not apply to another
related category of funds. 96-2, Mar. 6, 1980, pp 4970, 4971.
An amendment limiting the use of funds by a particular agency
funded in a general appropriations bill may be germane at more than
one place in the bill; subject to clauses 2(c) and (d) of Rule XXIthe
amendment may be offered when the paragraph carrying such fund is
pending, or to an appropriate ``general provision'' portion of the
bill affecting that agency or all agencies funded by the bill. See 96-
1, July 16, 1979, p 18807.
[[Page 511]]
Held Germane
Text Amendment
Authorizing supplemental appropriations for military Declaring that none of those funds be used to carry out
procurement, development, and construction... military operations in North Vietnam (90-1, Mar. 2,
1967, p 5142)
Appropriating funds for an additional Washington Placing a limit on the amount to be used for the
airport... construction of an access road (86-1, June 29, 1959, p
12121)
Authorizing an investigation and incidental travel to Placing restrictions on the funds permitted to be used
be undertaken by a committee of the House... in such travel (88-1, Jan. 31, 1963, p 1547)
Authorizing appropriations to enter into contracts for Prohibiting the use of the funds to enter into
the development of synthetic fuels... contracts with any major oil company (96-1, June 26,
1979, pp 16694-96)
Authorizing appropriations for contributions to the Prohibiting the use of those funds to assist in the
United Nations Environmental Fund... reconstruction of North Vietnam (93-1, May 15, 1973,
pp 15747, 15752)
Authorizing appropriations for the National Science Prohibiting the use of those funds for research on a
Foundation... live human fetus outside the womb (93-1, June 22,
1973, p 20946)
To establish a rural electrification and telephone To provide that no such funds be used outside the
revolving fund for insured and guaranteed loans... United States or its possessions (93-1, Apr. 4, 1973,
pp 10395, 10396)
Continuing U.S. participation under the International Prohibiting the use of U.S. contributions as loans for
Development Association Act... the purchase of nuclear weapons or materials (93-2,
July 2, 1974, pp 22026, 22028)
Restricting the availability of funds to a certain Further restricting the availability of those funds to
category of recipients... a subcategory of the same recipients (96-1, Sept. 25,
1979, pp 26135 et seq.)
[[Page 512]]
Providing assistance for mass transportation programs Prohibiting the use of funds to implement programs
and permitting certain school systems to be eligible intended to overcome racial imbalance in school
applicants for school bus subsidies... systems (93-2, Aug. 15, 1974, pp 28423, 28438, 28439)
Authorizing funds and limited use of troops for a Denying funds for deployment of troops beyond a certain
specific purpose... period of time (94-1, Apr. 23, 1975, p 11508)
Held Not Germane
Text Amendment
Changing a dollar amount in operating expenses for an Prohibiting a certain activity and the use of any funds
agency... therefor (92-2, June 7, 1972, pp 19920, 19927)
Establishing a new Department of Education and Prohibiting the use of funds to compel the
addressing only the administrative structure of the transportation of students or teachers to establish
department... racial or ethnic balance (96-1, June 12, 1979, pp
14466, 14485, 14486)
To approve an increase in the U.S. quota to the Prohibiting the alienation of gold to any international
International Monetary Fund and to authorize dealing organization or its agents, or to any person or
in gold in connection therewith... organization acting for certain purchasers (94-2, July
27, 1976, pp 24040, 24041)
Striking out a provision prohibiting the use of funds Prohibiting the use of funds in the bill or in any
in the bill for a designated oil land lease in other act for that lease and other California leases
California... (98-1, Oct. 5, 1983, pp 27319, 27320)
Sec. 26 . Postponing Effectiveness Pending Contingency
An amendment delaying the operation of proposed legislation
pending an unrelated contingency is not germane. Manual Sec. 800; 8
Cannon Sec. 3037; Deschler-Brown Ch 28 Sec. 31; 90-1, Aug. 24, 1967,
pp 23977, 24002; 94-1, Apr. 23, 1975, p 11512; 94-1, Sept. 25, 1975, p
30227. Thus, an amendment making the implementation of federal
legislation contingent upon the
[[Page 513]]
enactment of unrelated state legislation is not germane. 90-1, June
29, 1967, p 17921. And it is not germane for an amendment to render a
measure contingent upon an unrelated congressional action. For
example, to a bill authorizing appropriations for radio broadcasting
to Cuba, an amendment prohibiting use of those funds until Congress
has considered a constitutional amendment mandating a balanced budget
was ruled out as nongermane, imposing an unrelated contingency
requiring separate congressional action on another subject. 97-2, Aug.
10, 1982, p 20250.
Amendments that unconditionally postpone the effective date of the
legislation to a date certain have been upheld as germane. Thus, to a
title of a bill establishing procedures permitting either House of
Congress to disapprove an impoundment of appropriated funds by the
President, an amendment delaying the effective date of that title to a
day certain was held germane. 93-1, July 25, 1973, p 25828. Similarly,
to an amendment abolishing the Federal Energy Administration on a date
certain and transferring some of its functions to other agencies at
that time, an amendment delaying the termination date of that agency
for one year was held germane. 94-2, June 1, 1976, pp 16025, 16026.
An amendment may make the effectiveness of a bill subject to a
condition if that condition is related to the provisions of the bill.
94-1, Apr. 23, 1975, p 11529; 95-2, Aug. 2, 1978, p 23933. An
amendment delaying operation of a proposed amendment pending an
ascertainment of a fact is germane when the fact to be ascertained
relates solely to the subject matter of the bill. 8 Cannon Sec. 3029;
97-2, Dec. 15, 1982, pp 39057-61. But an amendment is not germane if
it delays the effectiveness of a bill contingent upon actions not
involved in the administration of the affected program and which
extend in scope beyond the authorities contained in the bill. 96-2,
Nov. 14, 1980, pp 29615-17. Likewise, an amendment to an appropriation
bill delaying the availability of the appropriation pending an
unrelated contingency--the enactment of certain revenue legislation
into law--is not germane. 96-1, Oct. 25, 1979, p 29639.
Held Germane
Text Amendment
Authorizing funds for elementary and secondary Barring use of funds ``so long as the present ...
education... Commissioner of Education occupies that office'' (89-
2, Oct. 6, 1966, p 25583)
[[Page 514]]
Relating to an expenditure of funds to pay for a cost- Restricting their availability during months in which
of-living salary increase for Members... there is an increase in the public debt (96-1, Sept.
25, 1979, pp 26150-52)
Authorizing appropriations for humanitarian and Making that authorization contingent on a report to
evacuation assistance to war refugees in South Congress on the costs of a portion of the evacuation
Vietnam... program (94-1, Apr. 23, 1975, p 11529)
Authorizing defense assistance to a foreign nation... Delaying that assistance until that nation's former
ambassador testified before a House committee (95-2,
Aug. 2, 1978, p 23933)
Held Not Germane
Text Amendment
Extending laws relating to housing and urban renewal... Barring appropriation for the purposes of the bill
until enactment of legislation raising additional
revenue (86-1, May 21, 1959, p 8840)
Appropriating funds for emergency fuel assistance... Prohibiting the obligation of such funds before the
enactment of an oil windfall profit tax (96-1, Oct.
25, 1979, p 29639)
Authorizing funds for construction of atomic energy Making such project contingent upon the enactment of
facilities... federal or state fair housing measures (90-1, June 29,
1967, p 17921)
Authorizing appropriations for the Arms Control and Delaying the authorization until the Soviet Union
Disarmament Agency... ``ceases to supply military articles to our enemy in
Vietnam'' (90-2, Mar. 6, 1968, p 5426)
Authorizing funds for foreign assistance... Making aid to a nation contingent upon the enactment of
tax reform measures by that nation (90-1, Aug. 24,
1967, p 23977)
[[Page 515]]
Authorizing military assistance to Israel and funds for Postponing the availability of funds to Israel until
the United Nations Emergency Force in the Middle the President certifies the existence of a designated
East... level of energy supplies for the U.S. (93-1, Dec. 11,
1973, p 40837)
Authorizing radio broadcasting to Cuba... Prohibiting use of broadcasting funds until Congress
has considered a constitutional amendment mandating a
balanced budget (97-2, Aug. 10, 1982, p 20250)
Authorizing the development of certain military missile Making expenditures contingent on the impact of U.S.
systems... grain sales on Soviet military preparedness (98-1,
July 21, 1983, p 20189)
Rescinding an agency's funds for motor vehicle seat Conditioning the availability of all funds pending
belt and passive restraint research and education... state compliance with federal standards for mandatory
seat belt use (99-1, July 31, 1985, pp 21832-34)
D. Relation to Existing Law
Sec. 27 . Amendments to Bills Amending Existing Law
The germaneness rule may provide the basis for a point of order
against an amendment that is offered to a bill amending existing law.
A germaneness point of order may be sustained where the proposed
amendment relates to the existing law rather than to the pending bill.
8 Cannon Secs. 2916, 3045; Deschler-Brown Ch 28 Sec. 35; Manual
Sec. 799. Unless a bill so extensively amends existing law as to open
up the entire law to amendment, the germaneness of an amendment to the
bill depends upon its relationship to the subject of the bill and not
to the entire law being amended. 94-1, Oct. 28, 1975, p 34037. A bill
amending several sections of one title of the U.S. Code does not
necessarily bring the entire title under consideration so as to permit
an amendment to any portion thereof. 90-1, Oct. 11, 1967, p 28649. See
also 102-1, Oct. 17, 1991, p ____.
Where a bill amends existing law in one narrow particular, an
amendment proposing to modify such existing law in other particulars
will gen-
[[Page 516]]
erally be ruled out as not germane. 86-1, Sept. 4, 1959, p 18841; 90-
1, Aug. 16, 1967, p 22768; 92-1, Dec. 8, 1971, p 45535. Likewise, if a
bill amending existing law relates to a single subject or has a single
purpose, a proposed amendment is not germane that proposes to modify
the law further in a manner not related to the purpose of the bill.
89-1, July 28, 1965, pp 18631, 18633; 93-2, Feb. 5, 1974, p 2064.
Where a proposition narrowly amends one section of existing law by
changing a specific program therein, that section of law is not open
to a further amendment that would enlarge the scope of the pending
proposition. 92-1, Dec. 8, 1971, p 45536.
To a proposition modifying a limited portion of existing law, an
amendment further modifying that portion may be germane. 87-1, Mar.
24, 1961, p 4797. Such an amendment may add exceptions or definitions
modifying the proposition if related to the same subject. 95-1, Oct.
6, 1977, p 32608. But an amendment repealing the law is not germane.
88-2, Mar. 12, 1964, p 5125. Other amendments that have been ruled out
as beyond the scope of propositions to change existing law are set out
below:
Held Not Germane
Text Amendment
Amending a section of title 5 of the U.S. Code granting Extending those rights to legislative branch employees
certain rights to employees of executive agencies... as defined in a different section of that title (94-1,
Oct. 28, 1975, p 34037)
Amending a portion of an existing law to extend the Amending another section of that law mandating that the
authorization for U.S. contributions to the total budget outlays of the federal government shall
International Monetary Fund... not exceed its receipts (98-1, Aug. 3, 1983, p 22679)
Sec. 28 . Amendments to Bills Repealing Existing Law
Where a bill repealing several sections of an existing law is
pending, an amendment proposing to repeal the entire law may be
germane. Deschler-Brown Ch 28 Sec. 37. Where the bill seeks to repeal
only one provision of an existing law, an amendment modifying that
provision in existing law (rather than repealing it) may also be
germane. 91-1, Oct. 30, 1969, p 32466. On the other hand, to a bill
repealing one narrow subsection of existing law, an amendment
proposing a comprehensive revision of the whole law is not germane.
91-1, Oct. 30, 1969, p 32464.
[[Page 517]]
Held Not Germane
Text Amendment
Seeking the repeal of Chinese Exclusion Acts... Relating to immigration generally (78-1, Oct. 21, 1943,
p 8633)
Repealing a narrow provision of an existing act... Expressing congressional policy as to the pending bill
and to the administration of the whole act (91-1, Oct.
30, 1969, p 32465)
Repealing a provision of existing labor law, thereby Modifying the law to permit states to bar the
depriving the states of the power to prohibit ``closed application of ``closed shop'' agreements to veterans
shop contracts''... of military service (89-1, July 28, 1965, p 18636)
Repealing a narrow subsection of law relating to the Placing restrictions on the assignment of personnel to
order of induction of selective service registrants... Vietnam without their consent (91-1, Oct. 30, 1969, p
32466)
Sec. 29 . Amendments to Bills Incorporating Other Laws
A bill incorporating by reference procedural requirements
contained in other Acts may be broad enough in scope to permit an
amendment similarly referring to, but not directly amending, other
statutes, and intended to accomplish the result sought to be effected
by the portion of the bill to which offered. 92-2, Aug. 2, 1972, pp
26487, 26493. Thus, to a bill including requirements for certification
of federal land use activities as compatible with approved state
management programs and incorporating by reference certain statutory
provisions, an amendment applying the procedures contained in those
statutes to approval of such federal land use programs in lieu of the
certification procedures in the bill was held germane. 92-2, Aug. 2,
1972, pp 26487, 26493. On the other hand, to a bill citing but not
amending a law on one subject, an amendment incorporating that law by
reference to broaden its application to the subject of the bill is not
germane. 95-2, Oct. 5, 1978, p 33818.
Sec. 30 . Amendments to Bills Continuing or Extending Existing Laws
A bill extending an existing law may open up the law being
extended to germane amendments. Deschler-Brown Ch 28 Sec. 39; 91-1,
Sept. 29, 1969, p 27342. A bill continuing and reenacting an existing
law may be amended
[[Page 518]]
by a proposition modifying in a germane manner the provisions of the
law being extended. 94-2, June 1, 1976, p 16025. See also 88-1, Oct.
31, 1963, p 20728; 94-2, June 1, 1976, p 16046. To a bill extending an
existing law in modified form, an amendment proposing further
modification of the law is germane. 91-1, Apr. 23, 1969, p 10067. But
while a bill ``extending existing law'' may open up the law being
extended to germane amendments, a proposition that merely extends an
official's authority under that law does not necessarily open up the
basic law to amendment. 91-1, Sept. 29, 1969, p 27342.
Held Germane
Text Amendment
Continuing for one year the Mexican farm labor Requiring a determination that reasonable efforts have
program... been made to hire domestic workers (88-1, Oct. 31,
1963, p 29728)
Amending and extending the Elementary and Secondary Providing that no funds in the act be used for the
Education Act... transportation of students or teachers ``in order to
meet provisions of'' the Civil Rights Act of 1964 (91-
1, Apr. 23, 1969, p 10067)
Reenacting a law to extend the existence of the Federal Restricting the method of submitting energy action
Energy Administration, including the authority to proposals to Congress (94-2, June 1, 1976, p 16046)
conduct energy programs...
Extending the existence of the Federal Energy Requiring that agency to promulgate regulations to
Administration and authorizing appropriations for that assure that the agency hearings be conducted in
agency... certain areas (94-2, June 1, 1976, p 16058)
[[Page 519]]
Held Not Germane
Text Amendment
Extending the authority of the Administrator of Altering provisions of existing law and modifying the
Veterans' Affairs to establish a maximum interest rate authority of the administrator to manage the loan
for insured loans to veterans... program (91-1, Sept. 29, 1969, p 27342)
Extending the school milk program and making Further extending such benefits to programs operated by
``preschool programs operated as part of the school nonprofit institutions in depressed areas (89-2, Sept.
system'' eligible for benefits... 1, 1966, p 21656)
Sec. 31 . Amendments Changing Law to Bills Not Changing That Law
Generally
An amendment that amends a law not contemplated in the bill under
consideration and not related to the text before the House is subject
to a germaneness point of order. Thus, to a bill amending one existing
law, an amendment changing the provisions of another law is not
germane. 90-1, Sept. 28, 1967, p 27214. Likewise, to a bill making
appropriations for the current fiscal year, an amendment permanently
changing existing law is not germane and thus is not in order even
though it tends to reduce expenditures for that year. 91-1, May 21,
1969, p 13269.
However, the germaneness of such an amendment may be affected by
other amendments that broaden the scope of the pending bill. For
example, where a bill authorizing foreign military assistance was
broadened by amendment to address permanent law relating to economic
relations with foreign nations, an amendment to remove military and
economic trade sanctions against Rhodesia was held germane to the bill
as a whole in its perfected form. 95-2, Aug. 2, 1978, p 23938.
Set out below are precedents illustrating the rule that an
amendment is subject to a point of order if it amends a law that is
not contemplated in the bill under consideration.
Held Not Germane
Text Amendment
Reorganizing existing discretionary governmental Directly changing policies in the substantive law to be
authority and vesting it in a new agency... administered by that agency (93-2, Mar. 6, 1974, pp
5433-36)
[[Page 520]]
Consolidating certain functions under a new agency and Prescribing new policy by amending a law not amended by
limiting its policy-making authority to that contained the bill (93-2, Mar. 5, 1974, pp 5306-09)
in existing law...
Providing in part for increased salaries for Members of Relating to audits of financial transactions of the
Congress and legislative employees... House and the Architect of the Capitol under another
law (88-2, Mar. 12, 1964, p 5125)
Amending the Fair Labor Standards Act and concerned Proposing changes in the Tariff Act of 1930 and
with the effect of imports on the domestic labor concerned with the importation of merchandise from
market... Communist nations (90-1, Sept. 28, 1967, p 27214)
Establishing a Federal Energy Administration but not Repealing the Emergency Daylight Saving Time Energy
amending existing laws relating to energy conservation Conservation Act (93-2, Mar. 7, 1974, pp 5653, 5654)
policy...
Regulating the importation of liquefied natural gas, Changing the Natural Gas Act to prohibit the FPC from
but not directly amending the Natural Gas Act... regulating the price of natural gas at the well-head
(93-1, Dec. 14, 1973, pp 41723-25)
Changing certain Acts to provide for market adjustment Proposing modification of another Act to direct the
and price support programs for wheat and feed President to conduct an investigation into imports of
grains... specified agricultural products (86-2, June 23, 1960,
p 14060)
Changing for one year an existing law establishing Waiving the provisions of another law relating to price
price supports for several agricultural commodities... supports for another agricultural commodity (94-1,
Mar. 20, 1975, p 7667)
Waivers or Repeals
An amendment repealing existing law has been held not germane to a
bill not amending that law. 93-2, Mar. 7, 1974, pp 5653, 5654. An
amendment may be subject to a point of order on the basis that it
contains the language ``notwithstanding any other provision of law''
if it has the effect of waiving a statute not amended by the bill. 94-
1, Mar. 20, 1975, p 7667.
[[Page 521]]
In one such instance, the Chair noted that the waivers in the bill
were waivers of a narrow class of existing laws, whereas the amendment
waived various unspecified laws not within the scope of the pending
measure. 96-1, June 26, 1979, pp 11683-86.
Effect of Disclaimers
Ordinarily, the inclusion of language in a bill ``disclaiming''
any substantive effect of the bill on other provisions of law would
not render germane amendments which do in fact affect other law. But
where disclaimer language in a bill is accompanied by other provisions
changing a category of law cited in the disclaimer, an amendment
further addressing the relationship between the bill and laws cited in
the disclaimer may be germane. 98-1, Nov. 2, 1983, pp 30525, 30527,
30542, 30545-47.
E. House-Senate Relations
Sec. 32 . Senate Germaneness Rules
In contrast to the House practice, there is no general Senate rule
prohibiting nongermane amendments. However, questions of germaneness
of amendments to general appropriation bills are submitted to the
Senate without debate under Rule XVI. The Chair does not rule on the
question. 97-2, Mar. 31, 1982, pp 6166 et seq. Another rule prohibits
nongermane amendments to bills after cloture has been invoked. See
Senate Rule XXII clause 2. In addition, pursuant to unanimous-consent
agreements, the Senate sometimes prohibits nongermane amendments to
particular bills (81-2, Apr. 5, 1950, p 4774), or may prohibit a
certain class of nongermane amendments to a bill (81-2, Dec. 12, 1950,
p 16461). See Senate Procedure, Riddick, S. Doc. No. 101-28 (1992), p
854. Under Sec. 305 of the Budget Act, amendments offered in the
Senate to a concurrent resolution on the budget must be germane; and
under Sec. 310, a similar restriction applies to amendments to
reconciliation bills. Manual Sec. 1007.
Sec. 33 . Motions to Instruct Conferees
The rule that amendments must be germane applies to amendments to
a motion to instruct conferees. 8 Cannon Secs. 3230, 3235; Deschler-
Brown Ch 28 Sec. 28. The test of an amendment to a motion to instruct
conferees is the relationship of the amendment to the subject matter
of the House and Senate versions of the bill (Manual Sec. 796) and not
to the original motion to instruct.
Where an amendment in the nature of a substitute has been proposed
by one House for the entire bill passed by the other House, provisions
in
[[Page 522]]
either the bill or the substitute may be addressed in motions to
instruct managers. 8 Cannon Sec. 3230.
Sec. 34 . Senate Provisions in Conference Reports and in Amendments in
Disagreement
Formerly, a Senate amendment was not subject to the point of order
that it was not germane to the House bill. 8 Cannon Sec. 3425. Today,
under changes in the rules enacted in 1972, points of order may be
made, and if sustained, separate votes may be demanded on portions of
Senate amendments and conference reports containing language that
would not have been germane if offered in the House. Rule XXVIII
clauses 4 and 5 (Manual Sec. 913b).
Clause 4 of Rule XXVIII permits points of order against language
in a conference report that was originally in the Senate bill or
amendment and which would not have been germane if offered to the
House-passed version, and permits a separate motion to reject such
portion of the conference report if found nongermane. 99-2, Oct. 15,
1986, p 31498. For purposes of that rule, the House-passed version,
against which Senate provisions are compared, is that finally
committed to conference, taking into consideration all amendments
adopted by the House, including House amendments to Senate amendments.
98-1, July 28, 1983, p 21401; Deschler-Brown Ch 28 Sec. 27.
Pursuant to Rule XXVIII clause 4, where the Speaker sustains a
point of order that a portion of a conference report containing a
Senate amendment is not germane to the House bill, a motion to reject
that portion of the conference report is in order and is subject to 40
minutes of debate. 93-2, Oct. 10, 1974, pp 35181 et seq.; 95-2, Oct.
12, 1978, p 36461; 95-2, Oct. 14, 1978, p 38559.
The Member representing the conference committee recognized in
opposition to a motion to reject a nongermane Senate provision
pursuant to clause 4 of Rule XXVIII, and not the proponent of the
motion to reject, has the right to close debate thereon. After the 40
minutes of debate permitted by that rule, it is then in order,
following the disposition of the motion to reject, to make further
points of order and motions to reject. If any such motion is adopted,
the pending motion (which may be offered by the manager of the
conference report) is, in the case of a House bill with a Senate
amendment, to recede from disagreement to the Senate amendment and
concur therein with an amendment consisting of the portion of the
conference report not rejected. 99-2, Oct. 15, 1986, p 31506.
Clause 5 Rule XXVIII permits points of order against motions to
concur or concur with amendment in nongermane Senate amendments, the
stage
[[Page 523]]
of disagreement having been reached. If such a point of order is
sustained, a separate motion to reject such nongermane matter is
permitted. Manual Secs. 797, 913c. Clause 5 is not applicable to a
provision contained in a motion to recede and concur with an amendment
that is not contained in any form in the Senate version, the only
requirement in such circumstances being that the motion as a whole be
germane to the Senate amendment as a whole under the longstanding
House germaneness rule (clause 7, Rule XVI). 95-2, Oct. 4, 1978, pp
33502-506; 100-1, June 30, 1987, p 18294.
Held Not Germane
House Bill Senate Amendment
Continuing the operations of an executive department Prohibiting the availability of any funds appropriated
for one year... for foreign military base agreements absent
congressional approval (93-1, Sept. 11, 1973, pp 29243-
46)
Exempting from tariff duty certain equipment and Extending benefits under the unemployment compensation
repairs for vessels operated by the United States... program (93-2, July 31, 1974, pp 26082 et seq.)
Requiring that a percentage of U.S. oil imports be Dealing with the construction of vessels and with
carried on U.S. flag vessels... certain anti-pollution requirements (93-2, Oct. 10,
1974, pp 35181 et seq.)
Containing several diverse amendments to the Internal Authorizing appropriations for special payments to
Revenue Code to provide individual and business tax social security recipients (94-1, Mar. 26, 1975, p
credits... 8931)
Improving automotive fuel efficiency by imposing fuel Providing loan guarantees for automotive research and
economy standards upon manufacturers... development (94-1, Dec. 15, 1975, p 40677)
The House has by unanimous consent concurred in a nongermane
Senate amendment to House amendments to a Senate bill (91-2, Apr. 23,
1970, p 12874), and in a nongermane Senate amendment to a House
private bill (92-1, Dec. 9, 1971, p 45872).
Sec. 35 . Amendments to Senate Amendments
An amendment offered in the House to a Senate amendment must
ordinarily be germane to the particular Senate amendment to which it
is offered, it not being sufficient that it be germane to the
provisions of the bill if it
[[Page 524]]
merely inserts new matter and does not strike out House provisions. 5
Hinds Sec. 6188; 8 Cannon Sec. 2936; Manual Sec. 797. Thus, when
considering a Senate amendment reported in disagreement by conferees,
a proposal to amend must be germane to the Senate amendment. 87-1,
Mar. 29, 1961, pp 5275, 5277; 96-2, Sept. 30, 1980, pp 28503, 28504.
While a Senate amendment proposing legislation on a general
appropriation bill is subject to an amendment of a similar character
in the House, the requirement remains that the House amendment be
germane to the Senate amendment. 91-2, Dec. 15, 1970, p 41504.
The test of the germaneness of an amendment offered to a motion to
concur in a Senate amendment with an amendment is the relationship
between the offered amendment and the motion, and not between that
amendment and the Senate amendment to which the motion has been
offered. 93-1, Aug. 3, 1973, pp 21821 et seq.
The test of germaneness of an amendment in the nature of a
substitute to a Senate amendment--proposed in a motion to concur
therein with an amendment--is the relationship between the proposed
amendment in its entirety and the Senate amendment (and not the
relationship between any one provision of the amendment and any one
provision of the Senate amendment). 95-2, Oct. 4, 1978, p 33506.
The rule of germaneness applies to motions to recede and concur in
a Senate amendment with an amendment. 92-1, July 29, 1971, p 28053.
Such a motion must be germane to the Senate amendment. 98-2, Aug. 10,
1984, pp 23988, 23989. But where a Senate amendment proposes to strike
out language in a House bill, the test of the germaneness of a motion
to recede and concur with an amendment is the relationship between the
language in the motion and the provisions in the House bill proposed
to be stricken by the Senate amendment. Manual Sec. 797; 78-1, June 8,
1943, p 5511; 78-1, June 15, 1943, p 5899; 93-2, Dec. 12, 1974, pp
39272, 39273.
Held Germane
Senate Amendment House Amendment
Appropriating funds for a Senate office building Reducing the appropriation and the funding ceiling, and
extension, providing a funding ceiling on such providing that such extension upon completion meet
extension, and providing for the transfer of personnel certain personnel needs (96-1, Aug. 2, 1979, pp 22007
and equipment to such extension... et seq.)
[[Page 525]]
Containing diverse provisions relating to the Containing comparable provisions and in addition
organization and administration of the federal courts, permitting courts of appeals of a certain size to
including appointment of additional district and establish administrative units (95-2, Oct. 4, 1978, pp
circuit judges... 33502-506)
Appropriating funds for termination of the civil Appropriating for termination of payment of the
supersonic aircraft... airlines' contribution to development costs (92-1,
July 29, 1971, p 28053)
Held Not Germane
Senate Amendment House Amendment
To prohibit the use of specified funds as compensation Enlarging the class of persons ineligible for such
for certain former employees... compensation (88-1, May 14, 1963, p 8505)
Prohibiting use of funds in a general appropriation Authorizing appropriations for research and development
bill for only one basing mode for the MX missile... of another weapons system (96-1, Dec. 12, 1979, pp
35520, 35521)
Providing for payment, from the Senate contingent fund, Providing additional travel allowances to Members of
of certain additional travel expenses incurred by the House from the contingent fund (87-1, Mar. 29,
Senate employees... 1961, pp 5275, 5277)
Striking a provision in a general appropriation bill Temporarily prohibiting the use of those EPA funds to
that precluded the use of funds therein by the implement any plan requiring the review of any
Environmental Protection Agency to control air indirect sources of air pollution (93-2, Dec. 12,
pollution by regulating parking facilities... 1974, pp 39272, 39273)
Appropriating funds for asbestos hazards abatement in Earmarking funds for the refinancing of a recycling
schools... program of a specified city (98-2, Aug. 10, 1984, pp
23988, 23989)
[[Page 526]]
F. Procedural Matters; Points of Order
Sec. 36 . In General
A point of order may be raised against an amendment on the ground
that it is not germane to the proposition to which it has been
offered:
Opponent: Mr. Speaker, I make [or reserve] the point of order that
the amendment is not germane to the text [section, paragraph, or
other proposition].
The Speaker: The Chair will hear the gentleman.
If any part of an amendment is subject to a point of order, the
entire amendment is subject to such point of order. 5 Hinds Sec. 5784;
8 Cannon Secs. 2922, 2980. The effect of a ruling by the Chair that an
amendment is not germane is usually that the amendment is barred in
its present form and at the place at which it is offered. However, the
ruling of the Chair may be appealed. 79-1, Oct. 19, 1945, p 9868. On
one occasion, the Committee of the Whole by unanimous consent voted on
an amendment that had been ruled out of order as not germane. 82-1,
Apr. 12, 1951, p 3781.
Ordinarily, a point of order based on the rule of germaneness will
state the grounds for asserting the nongermaneness of the amendment.
Deschler-Brown Ch 28 Sec. 43.
Burden of Proof
The burden of proof of the germaneness of an amendment rests on
its proponent. 8 Cannon Sec. 2995; 87-2, July 12, 1962, p 13431. Where
an amendment is equally susceptible to more than one interpretation,
and the proponent fails to carry the burden of showing the
applicability of that interpretation under which the amendment can be
upheld, the Chair may rule it out of order. 94-1, June 20, 1975, p
19967.
Sec. 37 . Waiver of Points of Order
Waiver by Failure to Raise Point of Order
The germaneness rule is not self-enforcing. It may be waived by
the mere failure to raise a timely point of order. The Chair will not
ordinarily apply the rule of germaneness to bar an amendment unless a
timely point of order is actually raised against the amendment. An
amendment permitted to remain because no point of order as to its
germaneness was raised may itself be subject to germane amendment (92-
1, Oct. 20, 1971, pp 37075-79). Of course, the fact that no point of
order is made against a particular amendment does not waive points of
order against subsequent amendments of a related nature. Deschler-
Brown Ch 28 Sec. 43.
[[Page 527]]
Waiver by Special Rule
Points of order against nongermane amendments may be waived
pursuant to the terms of a special rule from the Committee on Rules.
The issue of germaneness cannot be raised against an amendment when
all points of order against that amendment have been waived. 88-2,
Feb. 10, 1964, p 2738. Thus, where a bill is being considered under
the provisions of a special rule that specifies that committee
amendments shall be in order, ``any rule of the House to the contrary
notwithstanding,'' no issue can properly be raised as to the
germaneness of such amendments. 86-2, May 18, 1960, p 10575.
The Committee on Rules may report a special rule altering the
ordinary test of the germaneness of an amendment, such as rendering
only one portion of an amendment subject to a germaneness point of
order, while preserving consideration of the remainder of the
amendment and waiving germaneness points of order with respect
thereto. 95-2, May 23, 1978, p 15094 [H. Res. 1188]; 95-2, Aug. 11,
1978, p 25705 [H. Res. 1307]. See also 95-2, Feb. 6, 1978, p 2388 [H.
Res. 982].
Where a special rule waives germaneness points of order against
the consideration of a designated amendment, and does not specifically
preclude the offering of amendments thereto, germane amendments to
that amendment may be offered. 94-1, July 22, 1975, p 23991.
Sec. 38 . Timeliness of Points of Order
The general rule is that a point of order against an amendment as
not germane must be made or reserved immediately after the amendment
is read and comes too late once debate has been had on the amendment.
94-2, Feb. 4, 1976, p 2390; 95-1, Oct. 19, 1977, p 34217. The point of
order against the amendment must be raised prior to debate thereon and
comes too late if the proponent has commenced his remarks. 94-1, June
16, 1975, p 19073. The rereading of the amendment by unanimous consent
after there has been debate does not permit the intervention of a
point of order against the amendment. 92-1, Nov. 4, 1971, p 39302.
However, the Chair may entertain a point of order against the
amendment by a Member who states that he had been on his feet, seeking
recognition for that purpose, when the debate began (90-1, Sept. 26,
1967, p 26878), or who was on his feet seeking recognition at the time
the amendment was read (91-1, Sept. 29, 1969, p 27351). Deschler-Brown
Ch 28 Sec. 44.
Reservation of a point of order against an amendment or the
continuation of such a reservation after some debate on the amendment
may be permitted by leave of the Chair, but the Chair may demand that
the point of
[[Page 528]]
order be disposed of prior to further debate on the amendment. 93-1,
Apr. 4, 1973, pp 10395, 10396.
Since a point of order against the germaneness of an amendment
must be made prior to its consideration, where points of order have
been waived against a specific amendment which is then altered by
amendment, a point of order will not lie against the amendment on the
ground that, as modified, it no longer comes within the coverage of
the waiver. 94-1, July 22, 1975, p 23990.
A point of order against a motion to recommit with instructions
has been made prior to completion of the reading of such motion where
the matter contained in the instructions had been ruled out as not
germane when offered as an amendment in the Committee of the Whole.
90-1, Mar. 2, 1967, p 5155. But such a point of order comes too late
after the proponent of the motion has been recognized for five minutes
of debate in the House and has yielded for a parliamentary inquiry.
92-1, June 2, 1971, pp 17491-95.
Sec. 39 . Debate on Points of Order
Where a germaneness point of order is made, the Chair ordinarily
permits argument thereon by the Member making the point of order in
support of his position, and by the proponent of the amendment in
defense of the amendment. The Chair may in his sole discretion also
permit arguments by others who wish to speak on either side of the
issue. Deschler-Brown Ch 28 Sec. 43. Debate time on the point of order
is within the discretion of the Chair. 82-1, Apr. 13, 1951, p 3909.
All such debate must be confined to the question of germaneness and
cannot go to the merits of the amendment. 90-1, July 19, 1967, p
19412; 92-2, Sept. 6, 1972, p 29588.
Sec. 40 . Anticipatory and Hypothetical Rulings
The Chair will ordinarily refuse to entertain a parliamentary
inquiry on the germaneness of an amendment which has not yet been
offered, since the Chair does not deliver anticipatory rulings.
Deschler-Brown Ch 28 Sec. 46. See also 99-1, Dec. 12, 1985, pp 36166,
36167, 36170, 36172. Thus, the Chair has declined to indicate, in
response to a parliamentary inquiry, whether a substitute, if
defeated, would thereafter be germane and in order if subsequently
offered as an amendment in the form of a new section. 91-2, July 27,
1970, p 25811.
Since the Chair does not rule on hypothetical questions, the Chair
declines to rule in advance with regard to the germaneness of
instructions accompanying a motion to recommit. 88-1, Dec. 19, 1963, p
25249. Since the
[[Page 529]]
Chair does not anticipate the content of a motion to recommit, he will
not rule in advance as to whether a particular instruction would be
germane. 91-1, Dec. 10, 1969, p 38130.
The Speaker does not rule on such questions of germaneness as may
be the province of the Chairman of the Committee of the Whole. 91-1,
Dec. 10, 1969, p 38130.